New Delhi:
Supreme Court Bar Association (SCBA) President Dushyant Dave wrote a letter to the secretary general of the highest court on Tuesday, expressing “strong protest” against the “select list” of the bid. on provisional release of journalist Arnab Goswami in the 2018 case for incitement to suicide interior designer, in front of a vacation bench on November 11.
Mr. Goswami’s application for bail will be considered today before a bench of Judges DY Chandrachud and Indira Banerjee.
Mr. Dave clarified that he has nothing personal against Mr. Goswami and that he is not writing this letter anyway to interfere with his rights to move the Supreme Court like all citizens, the editor-in-chief of Republic TV also has the right to seek justice. of the highest court.
“The serious issue here is the selective list of issues the registry under your leadership has been engaging in over the past eight months during the COVID pandemic. As thousands of citizens remain in jail, languishing for long periods of time as their cases are filed before the Supreme Court are not listed for weeks and months, it is deeply disturbing to say the least how and why every time Goswami approaches the Supreme Court his case is instantly listed, ”Dushyat Dave said in his letter. .
The head of APRIA further asked: “Is there any special order or directive from the Chief Justice of India and the master of the roaster in this regard?” and added that it is well known that such “extraordinarily urgent lists” of issues cannot and do not occur without specific orders from the Chief Justice.
He said: “Or as the administrative head, you (secretary general) or the registrar giving special preference to Goswami?”
Dave said it was on file, that on numerous occasions he received requests from various attorneys on file (AOR) that the cases they filed go unlisted for weeks and months, although very urgent and involving serious problems. requiring urgent court intervention, including bail matters.
“They (the defenders) have even complained, by naming names, that some AOR issues get an instant list when they have to wait a long time,” he added.
“I must point out that in rare cases you have kindly helped to list these questions. But that is not the problem. The question here is why this selective list is taking place when the system is supposed to be computerized and must work automatically? Why is it that despite the same thing, things circulate and that too before only a few benches? Why is there no infallible system to be fair and equitable towards all citizens and all AOR? ”Dave asked.
He said that even someone like former union minister P Chidambaram couldn’t get the same “speed list and had to spend long months in jail until finally the Supreme Court declared he deserved to be bailed out “.
“So the likes of Goswami are given special treatment while ordinary Indians suffer, including imprisonment, which is often illegal and unauthorized,” Dave said.
He said Goswami’s plea against the Bombay High Court order was filed yesterday, that it has been granted an instant, but not final, journal number, and is listed for tomorrow (November 11). .
“This is a blatant abuse of administrative power, whoever has exercised it administratively. It gives the impression that clients represented by some lawyers are given special treatment, which does not speak well of the great institution the Supreme Court is “. he said.
Calling for the foolproof system to be installed to ensure urgent listing on well-known principles and until cases filed by various AORs are listed, Dushyant Dave said the secretary-general should not allow the plea of Goswami be heard.
He asked the Secretary General to drop his letter before the bench led by Judge D Y Chandrachud, who is expected to respond to Goswami’s appeal