Published On: Tue, Dec 12th, 2017

Senior counsel Rajeev Dhavan gives up practice, citing humiliation

New Delhi: Alleging humiliation, senior advocate Rajeev Dhavan on Monday wrote to Chief Justice of India Dipak Misra that henceforth he will not practice in the court, days after the CJI took exception to the conduct of some senior lawyers.

After the humiliating end in the Delhi case, I have decided to give up court practice

Chief Justice Misra had last week voiced strong objection to the conduct of certain senior counsel for alleging that the court had narrowed down the scope of the hearing and for being presumptive about the outcome of the hearing at the conclusion of Delhi government’s plea and also the Ayodhya matter.

In the brief letter that was delivered to the office of the Chief Justice on Monday, Dhavan said: “After the humiliating end in the Delhi case, I have decided to give up court practice.”

Dhavan also told the Chief Justice: “You are entitled to take back the senior gown conferred on me, though I would like to keep it for memory and service rendered.”

The incident Dhavan has referred to concerns December 6 hearing by the constitution bench headed by Chief Justice Misra on Delhi government’s appeal challenging the Delhi High court order holding that Lt Governor had final say in the administration of the affairs of the national capital.

On December 6, Chief Justice Misra took serious exception to Dhavan in his concluding rejoinder arguments telling the constitution bench that they had narrowed down the scope of the hearing by limiting it to proviso 4 of the Constitution’s Article 239AA – spelling special powers for Delhi.

The Chief Justice had said, “This is unfair, uncalled for and unwarranted argument. You can’t say something and attribute it to us.”

What apparently anguished Dhavan was that the other lawyers, who also appeared for Delhi government, were not forthcoming in endorsing his views.

At the end of the hearing on December 6 when the constitution bench reserved the order, Dhavan, in his concluding remarks, told the court that he would not mind any judgment in the case – a position which was objected to by senior counsel Indira Jaising who said that he can’t be presumptive and assserted that they would succeed in the case.

The unease that prevailed found expression when on December 7, the Chief Justice described December 6 incident as “shameful” and appreciated the position taken by Jaising.

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