Mahima
Senior Advocate Harish Salve recused himself as Amicus Curiae in the suo moto matter taken up by the Supreme Court concerning Covid-19 management.
Harish Salve stated, “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. Today, we have lost the narrative when cases used to be fought gracefully.”
The CJI responded in agreement and expressed, “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 Tushar Mehta insisted otherwise that Salve shouldn’t succumb to the pressure created in the media.
He further asked the court to look into such unwarranted criticism as on digital media people were literally abusing.
Justice L Nageswara Rao questioned senior advocate Dushyant Dave, “Even before the order was released, it was being criticized for something which was not there in the order. Is this the way senior advocates speak? Without seeing the order? Is this the way you respond? Imputing motives? Without reading the order?”
Dave responded that it was a genuine perception that the Supreme Court will transfer cases from High Courts to itself as it won’t be something unprecedented.
Justice Ravindra Bhat intervened, “We did not say a word about the High Courts. We never stalled the High Courts from proceeding. We asked the centre to approach the High Courts.”
Various concerns were raised by senior advocates on appointment of Harish Salve as amicus curiae.
While, some questioned the need of appointing Salve as amicus curiae when he is out of country and his friendship with present government is well known.
On the other hand, some questioned Salve’s appointment over appointment of Attorney General as amicus curiae.