Judge Loya: Salve, Dave appear in explosive hearing as petitions in Bombay HC transferred to SC

In a high voltage hearing in the Supreme Court today, Senior Advocates Dushyant Dave and Harish Salve engaged in a heated war of words in the case relating to the death of Judge Loya.

Appearing before a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, Dave, representing Bombay Lawyers Association, opposed Harish Salve, who was appearing for Maharashtra, alleging conflict of interest.

“Salve has appeared for Amit Shah in the Sohrabuddin case. He is now appearing for Maharashtra. This is a serious conflict of interest”, Dave said.

Salve tried to interrupt, but Dave interjected, stating,

“Salve, you have done enough damage to the institution. Your Lordships should not permit Salve to address the court in this matter”.

Dave then submitted that a similar petition is pending before the Bombay High Court, which should be allowed to decide the same.

“Your Lordships will then have the benefit of that judgment”, said Dave.

Salve and Mukul Rohatgi – who also appeared for Maharashtra – objected to the same.

“Some people are trying to [unclear]. Hence, such remarks should never have been made in this Court”, said Salve.

“Don’t give me lectures on morality”, retorted Dave.

“You are the one who does that. I don’t need your certificate”, was Salve’s response.

Dave then proceeded to address the Bench, stating,

“We are happy to assist you. But Your Lordships should intervene and stop people with conflict of interest”.

Dave then stated that they have information obtained through RTI, that contradicts the documents relied upon by the Maharashtra government. He also alluded to the fact that Judge Loya’s father and sister have demanded an inquiry into the death of Loya.

At this point, Justice Chandrachud intervened. He said that the Court cannot base its judgment on media reports. He requested that the matter not be deflected.

“Let us not allow the matter to be deflected by referring to conflict of interest. Who should appear for whom is left to your [Bar’s] conscience. 

Let us get all the records of the case.”

Salve then stated that he will submit all the relevant documents and that “there is nothing to hide”.

The Court proceeded to pass an order directing that all records be produced before it. It also restrained other High Courts from dealing with the matter, and transferred the case pending in the Bombay High Court to itself.

At this juncture, Salve requested that the Court pass an order stating that all documents be shared only amongst lawyers involved in the case.

Indira Jaising and Dushyant Dave objected to the same vehemently.

“The entire system is trying to protect one man. Amit Shah and Amit Shah alone is the beneficiary. The nation has the right to know. Rohatgi, Salve and Shishodia have appeared for Amit Shah. There should be no gag”.

Senior Advocate Pallav Shishodia, appearing for petitioner Bandhuraj Lone, began to speak but Dave cut him short saying “Mr. Shishodia, the Bar will judge you”.

“Bar has judged you Mr. Dave. The judgment has not been very flattering. Mr. Dave is the self-appointed conscience keeper for everyone but unfortunately everyone rejects the advice he gives with contempt it deserves”, replied Shishodia.

Jaising did not hold back, stating that the same Court which allowed the screening of Padmaavat should not restrict or gag the media.

This irked CJI Dipak Misra, who demanded that Jaising withdraw the submission.

“This is very unfair. Have we passed any order [gagging media]? No ma’am. You should withdraw the statement and apologise.”

Jaising promptly obliged and apologised.

Pallav Shishodia then urged Dave to “show equal passion and anger on merits instead of towards lawyers and come forward with some credible material if the death of Judge Loya is otherwise than natural. That is the only concern the PIL petitioners have and please address that”.

The Court then posted the case for hearing on February 2.