“Mr Dave, it is always easy to be irresponsible in your allegations against the Registry. You have the liberty to criticise everybody under the sun. We as judges of this court have to follow some discipline,” Chief Justice of India D Y Chandrachud told Senior Advocate Dushyant Dave after he raised a grievance against the court’s registry, reported Live Law.
The senior counsel had raised some objections regarding the listing of a case arising out of the 2014 Tamil Nadu cash-for-jobs scam. Minister in the state’s ruling Dravida Munnetra Kazhagam (DMK) V Senthil Balaji was facing charges in the case.
Advocate Prashant Bhushan had raised the matter in the court before the CJI for urgent listing on Wednesday, pointing out that a two-judge bench comprising Justices Abdul Nazeer and V Ramasubramanian had restored the criminal charges against the minister, quashing a High Court judgment in September last year.
He said the police were asked to seek vacation of a stay granted by the HC concerned in similar cases but instead the agency agreed for a de-novo (fresh) investigation in the case, adding that he was appearing in a contempt petition arising from a judgement of the Supreme Court on the scam.
Meanwhile, advocate Dave had interjected to raise a complaint regarding the listing of the case, and took objection to the registry listing one case before another bench, when connected matters were being heard by a bench of Justice Krishan Murari.
Responding to this, the CJI said as quoted by Live Law, “Since you are making a grievance, let me look at it in the evening. I don’t have the papers with me.”
However, Dave persisted, and later solicitor general of India Tushar Mehta, appearing for the Enforcement Directorate, had submitted that it is the prerogative of the master of the roster to assign a bench. “Whatever your lordships decide, we have to accept it,” Mehta said.
The CJI said that he will assign a bench after examining the matter.