The Supreme Court warned that the courtroom should not be reduced to the level of a “fish market” after heated exchanges broke out during the hearing in the cases relating to the death of special CBI Judge Loya.
As the hearing in the cases heated up again, the apex court took umbrage at the verbal duel between two senior lawyers Dushayan Dave and Pallav Shishodia, calling it “unacceptable”.
Loya, who was hearing the Sohrabuddin Sheikh encounter case, had died allegedly of cardiac arrest in Nagpur on December 1, 2014 when he had gone to attend the wedding of a colleague’s daughter.
“Let us not reduce the dialogue in this court to the level of a fish market. You should not shout down a judge who is saying something. You will have to listen to me, Mr Dave. You address when your turn comes,” Justice D Y Chandrachud, who was part of the bench presided over by Chief Justice Dipak Misra, told Dave, representing Bombay Lawyers Association.
“No, I will not. Your Lordships should have stopped them (Pallav Shishodia and Harish Salve) from appearing in this case. You will have to answer your conscience,” Dave retorted.
“Don’t teach us about out conscience,” the bench, which also comprised Justice A M Khanwilkar, responded.
Shishodia, appearing for Maharashtra-based journalist Bandhuraj Sambhaji Lone who has filed a PIL also seeking probe into the case, referred to two conflicting news reports and said that they have led to “insinuations on the integrity of our judicial system”.
Shishodia then referred to the unprecedented press conference of four Supreme Court judges last month and said it also led to “open aspersions (being) cast on some of the judges of this court hearing the matter.”
“In the circumstances, it is submitted that an independent probe cannot be one way traffic in which persons making allegations can just ‘hit and run’ without any responsibility to damages caused to the reputation, prestige and faith in institutions including this court and judiciary as whole,” the senior lawyer said.
Dave also criticised Shishodia by using some harsh words and said that the submissions have exposed him alleging that the plea was filed to ensure that the matter is buried.
“You had appeared for Amit Shah and now you are appearing for the petitioner,” Dave continued. “Mr Dave, we don’t care what you say. You go to hell or heaven or wherever you want,”Shishodia said in his response, prompting the court to intervene.
Justice Chandrachud asked Dave to listen and maintain the decency in court proceedings, saying “you will have to listen to the judge.”
“I won’t hear,” Dave said, adding that Bar Council of India is issuing notices and is trying to infringe rights of lawyers like him from raising the voice and submitted that the bench should stop lawyers (Salve and Shishodia) from appearing in the instant matter as they have represented Amit Shah.
Taking note of exchange of words, the bench said, “This is unpardonable” and told the two lawyers (Dave and Shishodia) that their language was not good as this kind of dialogue would shame even a fish market. “Sometimes courtesy does not beget courtesy”, Salve, who was appearing for Maharashtra, said.