A circular—purportedly issued by the Supreme Court Bar Association (SCBA)—suggesting that the bar association is registering its protest by not organising a farewell for outgoing Supreme Court judge Arun Mishra, is fake.
The SCBA strongly denied issuing such a circular and said it is "not genuine," in a statement on August 25, 2020.
"No such statement has been issued by the Executive Committee and in fact, this matter has not been considered by the EC in any meeting," the press release, available on the official SCBA's website, said.
"I strongly condemn the same as being mischievous and as an attempt to malign the SCBA," senior advocate Dushyant Dave, SCBA President, wrote.
The fake circular suggests that the SCBA would not hold a farewell for the outgoing judge—he retires on September 2—because "he is extremely unpleasant with members of the Bar and there have been several instances where he has not only misbehaved with the junior members of the bar but with very senior members of the bar."
The fake circular said members of the bar were protesting because Justice Mishra "is perceived as a Judge to whom all important matters where the Government was interested were assigned". It goes on to suggest that the January 2018 press conference called by senior sitting judges of the Supreme Court was "against the assignment of important matters to Justice Arun Mishra".
The Bar is extremely pained at the partisan attitude of the court towards Justice Mishra, which has continued (since Chief Justice Dipak Misra) in Chief Justice of India SA Bobde's tenure. "Justice Mishra has also behaved in Court as if he controls the entire Supreme Court which has also caused immense damage to the Supreme Court as an institution," it read.
According to the convention, the SCBA organizes a farewell for retiring judges of the Supreme Court. In recent times, the SCBA did not organize farewell for two judges – Justices Jasti Chelameswar and Abhay Manohar Sapre – at their request.
Justice Mishra was elevated to the Supreme Court on July 7, 2014. during his tenure that has lasted a little over six years, Justice Mishra has been part of benches that has delivered 297 verdicts till date. During his tenure as a high court judge at the high courts of Madhya Pradesh, Rajasthan and Calcutta, Justice Mishra decided approximately 97,000 cases. Before he retires on September 2, Justice Mishra will decide on the timeline for recovery of aggregate gross revenue from telecom companies, and he will also decide on the quantum of punishment for advocate Prashant Bhushan who was held guilty of contempt.
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