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After run-ins with CJI Dipak Misra, senior advocate Rajeev Dhavan quits legal practice

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Dipak-Misra

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Senior advocate felt humiliated at the way Chief Justice Dipak Misra treated him during the Delhi government v/s Lieutenant Governor case proceedings

Days after a five judge Constitution Bench of the Supreme Court headed by Chief Justice Dipak Misra concluded its hearing in the much-publicised legal battle between the Delhi government and the Lieutenant Governor, senior advocate Rajeev Dhavan stunned the legal fraternity on Monday with his decision to “give up court practice”.

Dhavan, a senior lawyer known as much for his legal expertise as for his short temper, was representing the Arvind Kejriwal-led Delhi government in the case that dealt largely with his client’s demand for a clarity on the role of the Lieutenant Governor of Delhi in the day-to-day administrative affairs of the city-state.

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In a curt letter to Chief Justice Dipak Misra, Dhavan said: “After the humiliating end to the Delhi case, I have decided to give up Court practice.” The legal luminary who has had an acclaimed run as a lawyer in many a high profile case over the past three decades also added that while Chief Justice Misra is “entitled to take back my Senior Gown conferred on me” he would “like to keep it for memory and services rendered.”

That Dhavan and Chief Justice Dipak Misra did not exactly see eye-to-eye on several matters in which the former was arguing in the Supreme Court was an open secret and their frequent verbal spats during court proceedings only strengthened this notion further. However, the proceedings in the Delhi government-Lieutenant Governor case on December 6 seemed to have pushed Dhavan to the edge of his patience.

As the Constitution Bench declared that it was concluding hearing in the case – a little past 4 pm on December 6 – and was reserving its verdict in the matter, there were heated exchanges between Chief Justice Dipak Misra and senior counsel Rajeev Dhavan.

Dhavan, appearing for the Delhi government, had wanted to make some oral submissions to counter contentions put forth by the Respondents in the case. After initially denying Dhavan’s request, the Chief Justice finally permitted the senior lawyer to speak but with the rider that he would not raise issues that had already been submitted by lead counsel Gopal Subramanium.

As Dhavan began his submissions related to Article 239 of the Constitution, the Chief Justice interrupted him saying “this is an uncalled for and unwanted argument”. The interruption irked Dhavan who launched into a high-pitched broadside which was reciprocated by Chief Justice telling the senior lawyer: “You go on shouting. You are always like that. We will give our judgment”.

It was only after Gopal Subramanium and Indira Jaising – Dhavan’s colleagues in the team representing the Delhi government – made desperate attempts to pacify him that the senior advocate seemed to calm down and also apologised to the Bench for his behaviour.

This was, however, not the first run in that Dhavan had with the Chief Justice in recent weeks. A day before this spat, the Chief Justice and Dhavan had got into a heated argument while the latter, along with senior lawyers Kapil Sibal and Dushyant Dave, was demanding that the Supreme Court defer the hearing in the Babri Masjid-Ram Janmbhoomi title suit till mid-2019.

Aside from his direct verbal duel with Dhavan in the Supreme Court, Chief Justice Dipak Misra had also made an indirect attack at the senior lawyer on Thursday while presiding over an unrelated case. In a veiled reference to Dhavan’s outbursts a day before, the Chief Justice had said: “When lawyers argue in a manner not in tune with constitutional language, we will tolerate it, but for how long? If the Bar does not regulate itself, we will be compelled to regulate… Unfortunately, a small group of senior counsel thinks they can raise their voices. But they must understand that raising voices will not be tolerated. Raising voices only shows their inadequacy, incompetence and that they are not fit to be seniors.”

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India News

Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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