In a curt two-paragraph letter addressed to Chief Justice of India Dipak Misra, senior advocate Rajeev Dhavan on Monday informed his decision to quit court practice. He cited the “humiliation” he suffered in the Chief Justice’s courtroom on the last day of hearing in the Centre-Delhi government power spat hearing.
Mr. Dhavan said Chief Justice Misra was “entitled” to relieve him of his ‘senior advocate’ designation, but he (Mr. Dhavan) would not mind retaining it as a souvenir of his days in court.
This may be the first time that a senior advocate has decided to quit appearing in court claiming he was humiliated as a counsel, who is seen as the officer of the court.
On December 6, Mr. Dhavan, one among the galaxy of lawyers who appeared for the Delhi government before a five-judge Constitution Bench led by Chief Justice Misra, had refused the Chief Justice’s suggestion to submit his rejoinder statements in writing. He had pressed on with his oral arguments.
This was after senior advocate Gopal Subramanium, also for the Delhi government completed his rejoinder and the court agreed to reserve the case for judgment. The half-hour long submissions saw the Bench repeatedly contradict statements Mr. Dhavan imputed to the Chief Justice. Justice Ashok Bhushan, on the Bench, had observed that Mr. Dhavan’s conduct was “unfortunate”.
The previous day, on December 5, Mr. Dhavan was among the three senior lawyers who almost walked out of the courtroom in the Ayodhya title dispute hearing , protesting that the court had denied their plea for a fair hearing.
The two events had resulted in the Chief Justice lash out in open court against the conduct of senior advocates. He had specifically referred to the Delhi and Ayodhya hearings and said the conduct of certain senior counsel was “atrocious” and they did not deserve the senior gown.
Addressing Justice Misra as “Dear Chief Justice”, Mr. Dhavan wrote in his letter: “After the humiliating end to the Delhi case, I have decided to give up court practice. You are entitled to take back the Senior Gown conferred on me though I would like to keep it for memory and services rendered.”
The Supreme Court rules does not require a senior advocate to inform the apex court when he is quitting practice.
