A bench led by outgoing Chief Justice of India SA Bobde expressed displeasure with senior lawyers' critique of the Supreme Court's suo moto case on COVID19-related issues on the last working day of his term.
The bench, which also included Justices L Nageswara Rao and S Ravindra Bhat, said the accusation was baseless because there was no intention of taking over the cases from the High Courts. "We were not pleased to read what apparently senior advocates had to say. However, everybody has their own point of view ", CJI Bobde said, pointing to senior lawyers' comments opposing the suo moto case.
"I don't want the matter to be heard under the cloud that I was named on the pretext of my school friendship with CJI," Senior Advocate Harish Salve said after requesting to be discharged as an amicus curia from the court.
"We understand that those comments have caused you harm, and we respect your feelings," CJI told Salve. At this point, Solicitor General Tushar Mehta said that the press and electronic media were engaged in a "maligning rivalry," which was the last thing the country needed during this period of crisis.
"We are not in a situation in the world to have a electronic media competition." Someone in the judiciary will have to take notice of this development in electronic media at some stage. On social media, I saw people verbally bullying each other. This needs to be looked into," the SG said, urging Salve not to recuse himself as amicus curiae due to public criticism.
"Even before the order was issued, it was being criticised for something that was not in the order," Justice L Nageswara Rao said to Senior Advocate Dushyant Dave at this moment. Is this how Senior Advocates communicate? Without being able to see the order? Is this how you handle situations? Is it possible to infer motives? Dave said that he was not imputing any motives.
"It wasn't about inferring motivations. We all assumed your lordships would take control of it (transfer cases from HCs to SC). It was a true impression. It has been done before by your lordships ".. Then came Justice Ravindra Bhat's intervention. "Please, Mr. Dave. We made no mention of the High Courts. The High Courts were never stalled in their proceedings. We requested that the Centre approach the High Courts ", Dave was told by Justice Bhat.
Justice Rao said, "Senior lawyers should protect the institution."
"We feel institutions will be strengthened by objective criticism", Dave replied.
Solicitor General then said "Chief Justice is retiring today. I genuinely feel he deserves a loving farewell. Senior Advocates must not give public statements on the basis of perceptions". Dave replied : "Mr. Mehta, you have been defending the government only on the basis of perceptions".
Senior Advocate and the present President of the Supreme Court Bar Association Vikas Singh added: "Solicitor General has said that no migrants were walking in the road and the Court has accepted".
"What is going on here?", the SG said. Vikas Singh then said that hospitals in Delhi are facing oxygen shortage, and court must look into inter-state issues.
"That is exactly what we are looking at", CJI responded. The bench then closed the case for today and adjourned it until next Tuesday, while the Solicitor General requested time to file a reply.
Salve's appeal to be removed from the case was also granted by the bench.
"I want my Chief Justice to have a decent farewell, not this abuse", Solicitor General said after this. "We are not abusing. We object to this statement", Dave responded.
The suo moto case 'In Re : Distribution of Essential Supplies and Services During Pandemic' was being heard by a bench consisting of Chief Justice of India SA Bobde, Justices L Nageswara Rao and S Ravindra Bhat. The CJI-led bench agreed yesterday to take suo moto cognizance of issues related to COVID19. Orally, the CJI found that the pattern of various High Courts grappling with certain issues has generated confusion. "confusion and diversion of resources".
The bench issued notice to the Union Government, State Governments, UTs and parties who have approached the High Court asking them to show cause why the Supreme Court should not pass a uniform order on issues related to :
a)Supply of oxygen;
b)Supply of essential drugs;
c)Method and manner of vaccination; and
d)Declaration of lockdown.
The Court also requested that the Central Government provide it with a national plan for dealing with essential services and supplies in the event of a pandemic.
The Supreme Court's decision to take on cases from the High Courts was widely panned by the legal community. When the High Courts are dealing with the questions, some senior lawyers believe the Supreme Court's action is "uncalled for and unjustified."
The Supreme Court Bar Association has lodged an appeal arguing that the High Courts should not be barred from hearing cases because they are better able to handle local issues.
