Thread by @barandbench

#SupremeCourt [Suo Motu case on #COVID19 issues]

CJI SA Bobde led bench to shortly hear the Suo Motu case pertaining to supply of essential drugs, oxygen, vaccination issues & question on #lockdown . Court to also decide if it will transfer cases from all High Courts
#SuoMotu

Senior Advocate Harish Salve will appear as Amicus Curiae to assist the Court in the matter #SupremeCourt

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Meanwhile, Supreme Court Bar Association (SCBA) has opposed the decision of the Supreme Court to take suo motu cognizance of COVID-19 related issues which are already pending before various High Courts across the country.

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Even as at least nine High Courts have taken up COVID-19 related issues for hearing, Supreme Court has taken suo motu cognizance of similar issues. Concerned Bar Associations are not pleased

@vikassinghSrAdv and others opine:

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Gujarat High Court Advocates Association has sought to intervene in the Suo Motu proceedings. Senior Advocate Dushyant Dave to appear for the association. Hearing to commence shortly
#GHAA
#SupremeCourt

Activist Saket Gokhale has sought to intervene in the Suo Motu proceedings seeking to replace Senior Advocate Harish Salve as the Amicus Curiae since he is appearing for Vedanta
@SaketGokhale

Senior Adv Harish Salve: its the most sensitive case this court will look into. I don't want this case to be decided under a shadow that I knew CJI from school and college and allegations being made or there is conflict of interest.

Salve: I did not know our bar is divided among industries we appear for. Please allow me to recuse with all humility. I appeared for vedanta since was informed 10 minutes before mentioning

CJI: This was a collective decision by us

Salve: I don't want any side show. The language of the narrative now is very different

CJI: We will honour your sentiments and you must have been pained. We will allow your request. I also saw what a senior lawyer said but everyone has an opinion

SG: We are not in a position to malign each other. I saw on digital media literally abusing. this also needs to be looked into. one counsel should not succumb to such tactics Mr Salve should reconsider. Its a question of principle. I have prepared my reply its not final

Justice L Nageswara Rao: You have read the order. Is there any intention to transfer the case. Mr Singh listen to us Even before reading the order there was criticism about something which was not there in order. This is how institution is being destroyed

Justice Rao: Mr Dushyant Dave, Senior Advocate, you have imputed motives to us without reading the order

Dave: Entire country thought that you will transfer

Justice Rao: but did the order say so?

Dave: We love you My Lords

Dave: It was a genuine perception because you have done it in the past.

Justice Bhat: we never said a word and did not stop the high court. We asked the Centre to go to HC and report to them What kind of perception are you talking about. Talk about these proceedings

SG Tushar Mehta: I want to say something

Justice Rao: Mr Dave you have to protect the institution

Dave: we feel institution will be strengthened with objective critcism

SG Mehta: My lord is retiring today. He deserves a loving farewell. Senior Advocates cannot make statements on perception

Senior Adv Dave: Mr Mehta you should be the last person to say this since you defend the government only on perception

Senior Adv Vikas Singh: I am not going to enter this. Delhi hospitals have 2 hours of oxygen and a person will die. Same thing will happen at Uphar. Your lordship must look at the interstate issue. This needs consideration

CJI: that is exactly what our intention is

Singh: Please appoint a nodal agency

SG: There is a nodal agency or are you again arguing on perception

CJI: Do not lead to this. Matter is adjourned to Tuesday Time given to SG Mehta to file reply

CJI: we pass orders and allow the recusal of Senior Adv Harish Salve. He is being relieved as a position of the amicus curiae.

SG Mehta: My lord deserves a decent farewell and not be abused

Dave: I take offence, no one is abusing

Bench rises