Senior advocate Harish Salve on Friday decided to bow out of a case on the oxygen shortages after he faced a barrage of attack from senior advocates for conflict of interest. The outgoing CJI SA Bobde had faced criticism for appointing Harish Salve an amicus curiae in the oxygen shortage matter only because both were school friends.
When the hearing began in the Supreme Court on Friday, Salve said, “I don’t want the case to be heard under a shadow that I was appointed because of my school friendship with the CJI. I did not know our bar was divided between advocates who appear for industries and against it. I don’t want aspersions to be cast.”
He concluded, “Today we have lost that narrative when cases used to be fought gracefully.”
Bobde, who retired as the Chief Justice of India today, said, “We understand that you are pained. We were not happy to read what supposedly senior advocates said. But everyone has their own opinion.”
Solicitor General Mehta, according to Livelaw, reacted with frustration, “We are not in a position in the country to have a maligning competition in media and electronic media. Someday somebody from the judiciary has to take cognisance of this trend of electronic media.”
He added, “I saw on digital media people literally abusing. This needs to be looked into. One counsel should not succumb to such tactics. Mr. Salve should reconsider. It’s a question of principle.”
Mehta, however, did not realise that he would have to face the music from at least two senior advocates for his subsequent comments. Mehta wanted the hearing to conclude early so that Bobde can be given a decent farewell. He 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.”
Pat came a reply from Dushyant Dave, who has been a vocal critic of the Indian judiciary and how it has acted in recent years, “Mr. Mehta, you have been defending the government only on the basis of perceptions.” Vikas Singh, senior advocate and the Supreme Court Bar Association President, added, “Solicitor General has said that no migrants were walking in the road and the Court has accepted.”
All a visibly annoyed Mehta could say was, “What is going on here?”
Dave : Mr. Mehta, you have been defending the government only on the basis of perceptions.
Vikas Singh : Solicitor General has said that no migrants were walking in the road and the Court has accepted.
Solicitor General : What is going on here?#SuoMoto #COVID19
— Live Law (@LiveLawIndia) April 23, 2021
Meanwhile, Bobde decided to push the hearing on oxygen shortages next week and no one was surprised.
The Supreme Court Bar Association had on Thursday written to the Supreme Court after Chief Justice of India SA Bobde indicated on Thursday that all COVID-19 related matters may be transferred from several high courts to the top court.