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Advocates’ association stands by Dushyant Dave

Team SoOLEGAL 30 Sep 2017 10:22am

Advocates’ association stands by Dushyant Dave

One day after the Bar Council of India (BCI) issued a show-cause notice to senior advocate Dushyant Dave, for his comment on the Chief Justice of India and the collegium regarding the transfer of Karnataka high court judge Jayant Patel, the Gujarat High Court Advocates' Association (GHAA) stood in solidarity with the senior lawyer.

On Friday, GHAA, which protested the Supreme Court collegium's decision by striking work for a day and plans to file a petition in the Supreme Court against Justice Patel's transfer to Allahabad high court, which precipitated his resignation, passed a resolution "to support the stand" taken by advocate Dave in his interview to a TV channel.

It urged the BCI to withdraw the notice in the larger public interest and for the administration of justice. "It would be improper for the Bar Council of India to initiate action against any advocate for the lawful exercise of his fundamental right," GHAA said, citing an individual's fundamental right to freedom of expression.

GHAA said, "Statements made by Mr. Dave in the programme are duly protected under Article 19(1)(a) of the Constitution of India unless the court concerned views 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 proceedings, the truth is a valid defence."

Source: TimesofIndia



Tagged: Bar Council of India   BCI   Supreme Court   Karnataka high court   advocate Dushyant Dave   Justice Patel  
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