Why Dushyant Dave does not want Chief Justice Mohit Shah in the Supreme Court

16 February 2015

The Supreme Court Bar Association President and senior advocate Dushyant Dave has written two strongly worded letters to the Chief Justice of India HL Dattu and the judges on the collegium that decides on the appointment of Supreme Court judges, arguing against the possible elevation Chief Justice of Mumbai High Court Mohit Shah to the Supreme Court.

In a letter dated 6 February, Dave, after stating that Shah had been earlier considered and rejected for elevation, cites the 1993 Constitutional Bench judgment that established the collegium and adds that “reconsideration of the Chief Justice Mr Mohit S. Shah case would not only be contrary to the Constitutional Bench judgment, which binds you as well, but would be grossly improper and will seriously impact the reputation and goodwill of the Hon’ble Supreme Court of India.”

The letter goes on to raise “one more disturbing fact,” which relates to the bail granted by the Supreme Court to Amit Shah in the Sohrabuddin trial while transferring the cases from Gujarat to Mumbai. Dave quotes the Supreme Court judgment according to which the administrative committee of the High Court “would assign the case to a court where the trial may be concluded judiciously, in accordance with law, and without any delay. The Administrative Committee would also ensure that the trial should be conducted from beginning to end by the same officer.”