Why this bias? Is the Supreme Court selective towards few individuals? How is he able to get the bail petitions passed at such pace? Why is he being given such special treatment?
People started raising such questions as to why Arnab Goswami is given special treatment by SC, but are not able to raise their voice against an institution called Supreme Court of India. Just then, Dushyant Dave wrote a letter to SC on ‘Selective Listing of Matters’,
Tareek par Tareek! Tareek par Tareek! is what we know and experience when we have cases pending in the court. Be it any court. As elders suggest, not to get into legal matters because the soles of our footwear would be worn out but still the case would be pending in the court. But I don’t think the same is happening in the case of Arnab.
Dushyant Dave pointed out to the pace with which the petition of Arnab Goswami is being heard. The Senior advocate wrote that “it gives an impression that clients represented by certain lawyers are getting special treatment”.
Dushyant Dave expressed his concern to the top court regarding the selective listing of matters. He brought this to the notice of the Supreme court because as it had agreed to hear Republic TV editor in-chief Arnab Goswami’s challenge against the Bombay high court’s rejection of his interim bail plea on November 11.
Dushyant Dave cited in his letter how thousands of citizens have been stuck in jail for long periods of time as their matters are not getting listed before the court. Dave, a senior advocate, in his letter addressed to the secretary general, conveyed that he wishes to lodge a “strong protest” with regard to the listing of Goswami’s case in such an instantaneous manner.
He said that it was deeply disturbing as to how and why Arnab’s matters get listed instantly, whenever he approaches the Supreme court. He also mentioned that there were cases pending from last 8 months due to the COVID-19 pandemic which have not be listed till date.
Dave said that though he did not intend to interfere with his right to move the SC, but his only concern was that requests from various advocates are pending for weeks and months, which involve serious and urgent matters.
Through his letter, the senior advocate reminded the court as to how former finance minister P. Chidambaram spent many months in jail as his petition for bail languished before the court.
He pointed out that how the matter for Goswami’s case, was filed “was filed yesterday, got an instant diary number and is listed for tomorrow”. Dave wrote that this would not send a positive message to the citizens of this country. He urged the top court to complete all the urgent listings made before November 10 to be heard first.
According to the records available with the Supreme Court registry, Goswami’s petition has nine ‘defects’, including the fact that the vakalatnama is unsigned. The court does not normally list a petition before a bench until the defects are “cured”
Arnab Goswami, was sent to judicial custody for 14 days by the chief judicial magistrate, after being arrested on November 4 by Raigad Police. He was arrested in connection with the suicide of an interior designer, and is currently lodged at Taloja Central Jail in Navi Mumbai.
Many ordinary Indians suffer, sometimes imprisonment, which is illegal and unauthorized as they are made to wait in queue for long time. Unlike the special treatment given to likes of Goswami, which is injustice.
He also added that it is well known that such instant listings are done with the intervention from the CJI. He also questioned “Why is this selective listing taking place when system is supposedly computerized and is to work automatically? Why is there no foolproof system to be just and fair to all citizens and all advocates on record?” he asks, calling the listing a “gross abuse of administrative power”.
Dave suggested that the court move to use video platform to ease the technical issues that have plagued the court over the past few months.
A bench of Justice D.Y. Chandrachud and Justice Indira Banerjee will hear the petition at 10.30 am on Wednesday.
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