Gujarat High Court Advocates Association throws its weight behind Dushyant Dave, asks BCI to withdraw show cause notice

The Gujarat High Court Advocates’ Association (GHCAA) has thrown its weight behind Senior Advocate Dushyant Dave after the Bar Council of India issued a show cause notice to him for his remarks against Chief Justice of India, Dipak Misra..The Managing Committee of the Gujarat High Court Advocates’ Association has unanimously resolved to support the stand taken by Dave in the program telecast on NDTV..GHCAA has resolved that only Supreme Court has the right to initiate contempt action against Dave and no other statutory authority has the power or jurisdiction to take any action..As per the resolution passed by GHCAA, it is improper for the Bar Council of India to initiate any action against the Senior Advocate for lawful exercise of his fundamental right..GHCAA, in its resolution, has requested the BCI to withdraw the show cause notice “in the larger public interest and administration of justice”. .The resolution reads,.“The Managing Committee of the Gujarat High Court Advocates’ Association in the meeting (by circulation) held today i.e. 28/9/2017 unanimously resolved to support the stand taken by Mr. Dushyant Dave, Senior Advocate, Supreme Court of India in the interview/program telecast on 27/9/2017 at 8.30 P.M on NDTV channel on national television. The freedom of speech and expression is a fundamental right under Article 19(1)(a) of the Constitution of India which is subject to the restrictions provided in Cl(2) only that too by a law made by the State. Certain statements made by Mr. Dave in the program are duly protected under Article 19(1)(a) of the Constitution of India unless the court concerned takes it as contempt of court. If such statements are viewed by any statutory authority other than the superior court to be scandalous or contumacious, it has no power or jurisdiction to take action. Moreover now in contempt proceeding truth is also allowed as a valid defence..Thus, in view of the above stated position of law it would be improper for the Bar Council of India to initiate action against any advocate for hi lawful exercise of the fundamental right. We, therefore, earnestly request the BCI to withdraw the notice issued to Mr. Dushyant Dave, Senior Advocate in the larger public interest and administration of justice.”.BCI had issued show cause notice to Dave yesterday for his remarks against CJI Dipak Misra in a program telecast on NDTV. The Supreme Court Bar Association had also condemned Dave for his remarks. Dave, had, however, told Bar & Bench, that he had only spoken the truth on NDTV and that he stands by what he said..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.