February 6, 2018

“I will not listen to you,” Mr. Dave told Justice Chandrachud. “Then we'll also not listen to you, Mr. Dave,” Justice Chandrachud shot back.

During Loya case hearing; tempers flared in the Supreme Court on Monday, while CJI Dipak Misra & Justice A.M. Khanwilkar quietly watch the face-off from the Bench, furious Justice D.Y. Chandrachud lashed out at Sr. Advocate Dushyant Dave, saying, “You shall not shout me down. You shall listen when a Judge speaks to you.”

The Court was hearing PIL petitioners seeking an independent probe into the death of CBI Court Judge B.H. Loya. Things took an ugly turn when the petitioners started trading charges against each other.

Justice Chandrachud compared the verbal exchanges between the quarreling lawyers as worse than ones heard in a “fish market.”

Mr. Dave, for the Bombay Lawyers Association, had said “voices of truth” were being shut down in the high-voltage hearing of the PILs at the Chief Justice’s courtroom.

“I'll not listen to you,” Mr. Dave told Justice Chandrachud. “Then we'll also not listen to you, Mr. Dave,” Justice Chandrachud shot back. Mr. Dave said the Judges hearing the Loya PILs should act according to their conscience.

He said the Bar Council of India wants to take away his right to practice. “There's a genuine apprehension justice will not be done in this case,” he said.

To this, Justice Chandrachud replied, “Rest assured we'll examine every aspect of this case. Please don't tell us how to look into our conscience.”

Chief Justice of India Dipak Misra & Justice A.M. Khanwilkar quietly watched.

Sr. advocate Pallav Sisodia, appearing for PIL petitioner & Mumbai journalist B.H. Lone, began by terming allegations levelled in the Loya case as “outlandish & based on hearsay evidence.”

He said the Loya PILs had led to a “tide of insinuations, questions on judicial integrity & 1 eminent press conference” on 12th January. He was referring to the unprecedented press meet by 4 Supreme Court Judges.

Immediately, Mr. Dave accused Mr. Sisodia of trying to sabotage the case. Mr. Dave’s client had 1st approached the Bombay HC. Mr. Dave said he was compelled to transfer the case here when the SC admitted the PILs filed by Mr. Lone & activist Tehseen Poonawala.

A bristling Mr. Sisodia turned to Mr. Dave & said, “We don't care what you think. You can go to hell or heaven or anywhere.” Justice DY Chandrachud stepped in at this juncture by pointing to the 2 portraits of former Chief Justices of India — the apex court’s 1st one, Justice Harilal J. Kania & its 4th, Justice B.K. Mukherjea — hanging on either walls of the courtroom. “Not when they are watching us,” Justice Chandrachud cautioned the lawyers.

Justice DY Chandrachud took exception to Mr. Sisodia’s “unparliamentary” choice of words.“Courtesy begets courtesy, Mr. Sisodia,” Justice DY Chandrachud addressed the lawyer, who apologized.

“We had appeared as juniors in this Court. We have never seen the dialogue degenerate to such an extent. This is oppressive!” Justice Chandrachud said.

“I'll tell Your Lordship what's oppressive. What's oppressive is Salve [Senior Advocate Harish Salve] appearing for Maharashtra govt. when he had appeared for Amit Shah earlier. Why is he trying to protect Amit Shah?” Mr. Dave said.

“Amit Shah is capable of protecting himself,” Mr. Sisodia said. In a veiled reference to Mr. Dave, Mr. Salve chipped in to address Justice Chandrachud with, “Sometimes courtesy doesn't beget courtesy, My Lord.”

Earlier, Sr. Advocate V. Giri, for Poonawala, argued that the State Intelligence dept. probe into Loya's death was just an “armchair enquiry” and the top court should order a fresh probe.

The arguments will continue on 9th February.

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