Lawyer Dushyant Dave’s stunning allegations, says Justice Arun Mishra has close links with BJP leaders


The mysterious death of Judge BH Loya’s case has taken a sensational turn after noted Supreme Court lawyer Dushyant Dave alleged that Justice Arun Mishra had close links with top BJP leaders.

His stunning allegations came after activist Tehseen Poonawalla, who’s one of the petitioners, alleged that he was bullied by Dave to withdraw his petition from the Supreme Court. He said that Dave had originally agreed to argue his case but refused to represent him after he refused to withdraw the petition.

Denying Poonawalla’s allegations, Dave said that he advised Poonawalla to ‘mention the matter before CJI Dipak Misra to withdraw the matter from Justice Arun Mishra’s Bench’ because Justice Mishra had links with BJP leader.

“The attempt to brief me – and I appear pro bono in many such matters – was to get credibility to the outcome of the petition, which I believe would have been against the cause of justice. The whole approach of the petitioners, who were so keen to have the matter heard before bench of Justice Arun Mishra was a mystery even after being told by me that they will not get justice from that Bench since Justice Arun Mishra has close relations with top BJP leaders which I had seen myself in his own house on wedding reception of his nephew in December 2016. So, the desire to have matter heard there was curious.

“I rather told Poonawalla that if your cause is genuine, let us mention the matter before CJI Dipak Misra to withdraw the matter from Justice Arun Mishra’s Bench, to which he declined. The moment he declined, I told him I will not appear for him because it was a set up..,” Dave was quoted by Bar and Bench website.

Poonawalla took to Twitter to respond to Dave’s comments. Here are the series of tweets he posted.

Dave was unavailable for comments when contacted by Janta Ka Reporter. He was, however, later quoted by Bar and Bench as having said, “Initially, I thought Poonawalla’s petition was genuine and I now realise that it was a self serving petition perhaps at the instance of Amit Shah.”

He added, “It is my deep regret that I offered to appear for Mr. Poonawalla pro bono since I felt it was a genuine case.”

Justices Chelameshwar, Ranjan Gogoi, Kurian Joseph and Madan Lokur on Friday had alleged that the politically significant cases of grave national importance were being given to selected panel of judges or more specifically, not given to senior most judges.

Some of the most significant cases that had considerable impact on the Indian democracy were the Sahara Birla bribery case, Medical Council of India scam and more recently the mysterious death of Judge BH Loya.

In Sahara-Birla diary case, Prime Minister Narendra Modi was being accused of having received in excess of Rs 25 crore as bribe from an industrialist during his time as Gujarat Chief Minister. The case was assigned to bench headed by Justice Arun Mishra, even though he would not be heading a bench otherwise.

Days later, the bench headed by Justice Arun Mishra simply dismissed the case. This is how Janta Ka Reporter had reported the case,

“The high-voltage hearing was conducted by a new bench of Justices Arun Mishra and Amitava Roy which said “courts have to be on guard” while dealing with matters demanding probe against high functionaries as the case in hand was devoid of any “cogent” material or “independent evidence corroborating materials” to order investigation.”

The hearing of MCI scam had seen an unprecedented stormy scene as noted lawyer Prashant Bhushan stormed out of the Supreme Court after a heated exchange of words with CJI Dipak Misra.

Days later, another bench where Justice Arun Mishra was part of dismissed a plea by Campaign for Judicial Accountability and Reforms seeking Special Investigation Team (SIT) probe into the MCI scam case and imposed a cost of Rs 25 lakhs on it.

As for the Judge Loya case, it came up for hearing on Friday in the Supreme Court, but the hearing was adjourned for four weeks. A report by Times of India said that the final trigger for the stunning press conference by the four senior-most judges of the Supreme Court came at 10.15am on Friday – just 15 minutes before the commencement of proceedings – when Chief Justice Dipak Misra bluntly turned down their last-minute request to shift a politically sensitive case from a particular bench.

This case too was assigned to Justice Arun Mishra, who is the 10th in the pecking order of the 25 Supreme Court judges.

If the Sahara Birla diary case had Prime Minister Modi as a main accused, the Judge Loya’s mysterious death case has a potential to cause plenty of grief for the BJP President Amit Shah, who was the main accused in the fake encounter of Sohrabuddin Shaikh. Judge Loya was hearing the case at the time of his mysterious death.