Why Sr Adv Dushyant Dave thinks judiciary is responsible for India turning into authoritarian State
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- Опубликовано: 7 май 2024
- From the functioning of the judiciary in India and evaluation of Chief Justice of India DY Chandrachud's tenure so far, to the Election Commission of India's "failure", Senior Advocate Dushyant talks about all of this and more to Assistant Editor Apoorva Mandhani in this interview.
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Indian needs people like Mr Dave to speak their mind about our corrupt and apathetic judical system in our country.
1. Senior Advocates are delighted when Govt & Politicians ( who pass laws & decisions which are not tenable , can be challenged by other political parties & corporate) cases come up at Honourable High Courts & Supreme Courts when they can charge very heavy fees for arguments
2. Why so much time is given to various litigants or on cases pending / taken up by Lower Courts to Higher Courts to make judgement orders
3. A simple case like eviction from a flat / house take more than a year at Honourable Lower Courts.
4. Non appearance of Advocate or his client on the hearing date has to be treated as disrespect to Law & warning be recorded / fined .
I proud of Dushyant Dave is honest and deserve to be head of country means we need him as prime minister otherwise it will be big damage I look all thing in his
I fully agree with the views of Mr Dave.
WOW what a powerful tirade!
Sadly, without media, people don't even know what's happening. This discussion, despite being brilliant, will be seen as crying foul by majority because they don't know reality. Media failed. Hopefully, RUclips and other social media have done enough to at least cut the damage.
appreciate Dave to putting this so straightforward ...
Wonderful class and candid and constitutional 🙏
Superb commentary on the Indian Judiciary ! Thankyou ! 👍🏼👍🏼👍🏼
Thank you Madam and thank you Sir.
Am sad to be at a point of no-return.
This man has my whole ❤❤❤
Very brave and lawyer with spine
Wonderful interview
Excellent interview with lot of information and boldness
Mr Dave should walk across to the govt schools here in WB and interact with the primary school teachers and see why such decisions were taken . We are churning out more goons than students here. Very sad to point fingers at the legality of the judgements but what’s good for the nation should prevail.
He should actually represent us in the courts so that commoners like us can be represented by honest lawyers like him 🙏🙏🙏
Mr Dave says the judge who gave verdict of dismissing 25000 teachers resigns next day to join BJP & contest elections. Clearly justice not done here. Instead his judgement lost entire credibility whatever the findings of judge. Now tell, from which school these kinds of judges came from???
@tsrini68......Please go through the Kolkata High Court order which stated the compulsion in terminating the entire 2016 Panel (around 26000 candidates)because of deep routed corruption as well as absolute non cooperation on the part of the state government to identify the status of the legitimate candidates. The concern Board didn't put any effort to segregate the illegally appointed candidates( to the tune of 8k) and tried their best to confuse the High Court after mingling them with the host of legally appointed candidates. Ex Justice Abhijit Ganguly brought this huge corruption to the purview of the court and at the end a division bench of the High Court gave the final verdict of termination of the entire Panel which is now challenged in the Supreme Court. Had the State Government been transparent about showing their stand in favour of the legitimate candidates during the hearing Process in the Kolkata High Court the the present confusion could have been rightly averted.
Duahyanth dave is 100% right bjp is using high courts in opposition ruled states for their politics
It doesn't matter to them because his kins are not in govt school.. a corrupt government is paying huge money and obviously they will advocate there corruption
I think CJI chandrachud is one the best , combining criminal law, constitutional law and addressing key issues without political compulsions..
Not quite.
Respect for Shri Dave. 🙏🏽 Blunt.
I like his attitude to call a spade a spade.
The way few shady individuals can so easily subvert and subjugate the entire system without any opposition shows why India was so easily occupied by foreign invaders for almost 1000 years.
It is in our DNA to be servile and suffer injustices no matter how outrageous the atrocity.
Individuals like you are too limited these days . . . Thankful for your wisdom.
@@ysnmd305 this sense of inferiority complex and loathing towards self and country citizen is surely not wisdom
Thankfully people harbouring such thoughts are few. Having the heart to believe and courage to make change happen is what is required. India as a democracy have evolved faster than most countries despite its size, complexity and lack of resources.
Chalta hai, go with the flow attitude is what got us here. Congress was benevolent other than few years of emergency, but future leaders don’t plan to make silly gestures. It will take a generation to realize why Kejriwal is ahead of his time. In 30 years there will be Kejriwal in each state. Modi’s replacement has a tough future
Prashant Kishor in Bihar. KCR son in Telangana
The common people know in the subconscious that all the government controlled departments are not only corrupt, they in fact stink. But the million dollar question is, what to do about it?
Is there any path available to deal with it?
Thank You The Print for such an interesting conversation.
Very aptly described state of affairs in our judiciary.
Indian judiciary is running far behind the time leading to delay in justice.
In respect of West Bengal teachers' scam,CJI has rightly pointed out that no individual political opinions to be heard in Court and Div Bench judgement to be discussed only.
Yes indeed the CJI can do so much more in terms of upholding the constitution. If people loose hope in the Judiciary, what next? People will be on the streets. This is uncontrollable in any part or the world. History is proof.
You are wrong MR.Dave..We r from west Bengal...We know very well what is happening here. There are so many irregularities in each of the recruitment process...That is why most of the officers are behind the bar...If justice Ganguly would not give the order for CBI enquiry..Then the state govt would have destroyed all the evidence
Great
Is this an epitome of shameful opportunism?
The RSS-BJP surely is
Agree to Mr. Dave....kudos
Justice Chellameshwar met D. Raja CPM leader when the judge was 'protesting' against then CJI 😂😂😂. Previous CJIs have benefitted from passing judgements by favouring Congress.
And yes that what he has mentioned. All Ruling parties try to weaken Government functioning bodies for their own benefit. To note he also mentioned from hear 2010 not 2014. So please understand the context rather than tagging/labelling individuals like some store employee.
@@ysnmd305 Former CJI Mohammed Hidayatullah joined Congress and was appointed as Dy President and later President of India. There are many other cases which happened way before 2010. Dave deliberately mentioned 2010 thereby implying it didn't happen before that.
@@rajaramakutty9088 obviously, he is not alleging any political party(ies) but Judges and their courts as inefficient and impotent to defend Democracy also their own Constitutional powers/rights as Judges.
Please be a good listener before trying to be a good speaker.
@@ysnmd305 Baharul Islam was a Congress Rajya Sabha member. He resigned and joined Guwahati High Court as a judge and was subsequently promoted to Supreme Court. Whilst in the SC he absolved then CM Jagannath Mishra of any wrongdoing in co-operative scam. This happened way before 2010. Dave deliberately said 2010 to mislead viewers that such wrongdoing did not happen during earlier Congress misrule.
And political parties are there for power(unlike our dear Pappu's opinion), they will entice people, they will do anythjng it takes to win. It is the responsibility of judges, to resist such temptations and atleast have a cooling off period of 2 years before joinjng politics. This is a fundamental institutional issue, leftist jokers will keep saying that oh this is BJP, while they will repeat the exact same thing if they get a sniff at power(which they won't).
My observations:
1) If there is a quid pro quo, it is unacceptable and needs to be addressed right away. This has always been the case in the past, but we voted BJP to get this fixed. They need to do so immediately.
2) To say that the constitution is the only religion that I follow is a huge problem. The constitution was not created in vacuum. It has to be based on the prevalent native culture that has come out of this geography. So let us not assume that the constitution is a perfect document that is not subject to a review.
Look at recent speeches by modi. I dont know which constitution he is following 😂.
CJ should think over it n clarify the fact otherwise ruling party has no bar
Bold words by Justice Dave. Fearless Man.
I beg to differ with the view offered by Mr. Dave. Several orders passed by Justice (Retd) Gangopadhyay passed through the judicial scrutiny of the Supreme Court long before he took voluntary retirement. So, it was futile to curse Justice Gangopadhyay at this stage. Mr. Dave also conveniently refrained from mentioning the 17 odd irregularities being pointed out by the Division Bench of Calcutta High Court. Instead of pointing fingers at the present CJI, he should introspect whether he is doing any justice to the thousands of deprived candidates, and for that matter to the society at large, by supporting the corrupt acts of his client merely for earning few bucks.
Higher Judiciary should be impartial and act within the purview of Constitution of India and settled laws, while they are working in the justice delivery system. Also judiciary should always keep in mind that "Justice Delayed is Justice Denied".
As a citizen of India I had great respect regarding CJI Chandrachud in his judiciary . But looking at many judgements he has made now recently is very disappointing. He seems to not protect our democracy. It is not that he cannot see or hear what is happening but turning a deaf year is painful
An unfortunate truthful situation in the country.
Judiciary leadership is need of the hour to save the Indian Constitution. 💐.
What is his take on Sibal and Singhvi? They are also above politics and are Neutral? Please respond Sir!
They are lawyers. He is talking about judges. Simple differnce. Lawyers are supposed to have sides. Judges are supposed to be neutral.
@saketmilan no he is talking about himself being neutral. Lawyers take sides yes.. not be members of political parties and hence are partisan in key policy cases..
They defend democracy and justice filthy sangi.
He is talking about judges, not lawyers. You are right that he is not "neutral". He is heavily biased towards constitutional democracy in India which goes you know against ruling party's agenda and efforts.
A brave bloke.
Mr Dave is very correct. It is very apparent that the CJI is under pressure and has at many times failed to discharge his constitutional duties.
In Manipur case he told the lawyer appearing for kuki tribe not to use the court as a platform for pursuing for political purposes. Thus he failed to protect the kuki Christian in Manipur.
Cji have kept influencers at bay and protected the institution
Dave is correct.Judgement in releasing Murderers of Rajiv Gandhi may be an example.Some senior Lawyers think their word is Law and Supreme Court must obey their words.On the other hand the delay in justice can be attributed to attitude of Lawyers. Thank you for PRINT for telecasting this program as a support of I.N.D.I.A
ECI is silent stopped hearing and seeing election campaign what a tragedy 😮
If ruling party officials are not being arrested it is because they are NOT corrupt. Why don't you file cases in court against ruling party members if you think they are corrupt, Mr. Dave ???
who will investigate?
who will investigate?
That first line is so cute 😊
Are you from Pakistan?? Just take an example from Brij Bhushan Singh who is a BJP MP, SC have to intervened even to file a FIR against him but still no arrest.
This is a space for intelligent people & you don't belong here.
Mr. Dave is simply awesome !!!
❤Thanks mam taken a very better interview like handsome cute and beautiful simple and humbled. Good wishes for bright future.very confidently and strongly.
The fact is not told in this interview is that the irregularity was detected by Justice Bag Committee, which was appointed by a higher or other bench. After getting the Justice Bag Committee, Justice Gangopadhyay ordered CBI enquiry to unearth the greater conspiracy and corruption at the higher level.
One doubt Sir, Did this gentleman ever voice against the atrocities meted out to the Pandits of Kashmir
And you will see after many years, loss of democratic rights will lead to loss for everyone
Do something for pandits. Tell pandits go back to kashmir. Who is stopping them?
Resettle pandiats in kashmir. Who is atopping that
Education is dangerous 🤔🤔🤔🤔
100% TRUE
This guy has everything bad against everybody. Only he is the best guy - he should become the CJI then.
मैं पूरी तरह से सहमत हूँ .
Our Indian Justice mechanism, presently, is the most DIS-FUNCTIONAL entity in India. This is very clear, from what we're seeing, on a daily basis. There is NO consistency in their functionality. It is very unfortunate, but this is the fact. It has become a politically controlled entity, that exists out of the necessity to maintain a Judicial Facade.
You are the pride amongst Indian legal luminaries especially on moral grounding. I wish the nation benefits from your wisdom.
I like the placement of darth vader's poster under the constitution of India section😂
CJI Chandrachud next stop Governorship lol
Won't surprise me
Lakhs of undertrials without bail. Thats where we as a country have seriously failed
Justice in india has been made judgement which majorly had remained justice for powerful and injustice for weak,,
He is absolutely right. The judiciary has been dead since 2014. Hats off Mr. Dave. Shitty luck buddy. We feel what you feel , screwed up...
Cancel cancel cancel....................
My pranams
Is he in the same league as Sh. Nani Palkhiwala or Sh Sorab Ji? Are there any lawyers who earn that much respect or recognition? What is his contribution, if someone can illuminate Pl.
It is nothing different from religious preachers or spiritual preachers. Owners of law or practitioners are also on the way of preaching to shine their personality without doing their prime duty. Demonstration of their unsuccessful professional carrier by not performing their duty. Preaching is the second option left for such unsuccessful greats in the society. And mind u this works in India, that's the magic.
Termite out of the woodwork after a while. 😅
Well he has some grouse against the current CJI n the system of appointment of judges to SC n CJI of states.
Why does he not meet n have a proactive discussion with CJI
A human being is bunch of self interest , wherever you keep him he reveals this quality. Judges are not different species , they also act as same way , The assumption that judges do justice needs correction and their titles should be replaced by new title as " assistants to judge " not as delivers of justice ! Because if they miss judge any case it will be wrongly taken as pure justice , which will be killing soul of justice system.
Biggest problems why judiciary is not a great profession for todays young generation: 1)Law Grads even from National Universities like NLSIU does not get a well paying job in judicial circles after graduation. 2)No basic income fixed or honorarium provided to practicing advocates for over 10yrs. 3)The Judiciary does not have a basic security force to protect its own advocates and Judges. 4)There must be law interpreters and advisers in every department to check the constitutionality of the laws framed by policy makers and finally passed in the parliament. This will reduce embarassment to the Govt before framing bigger policies.Employment and quality of governance enhancement. 5)No welfare measures like housing or free site,insurance, transport allowance,medical cover for a practising advocate of 10yrs experience.
Learned Dave is absolutely right. Present Judiciary is seen hand in gloves with Govt for strengthing autocracy
Its not an allegation but a fact that most of our previous Chief Justice and other judges get re-employment and BJP tickets after retirement. And there is no exceptions for the present Supreme Court and high Court judges.
Mr Dave your kins or I can assure anyone from near friends and family is not in govt school. We the people from lower middle class depends on govt school. You are talking on behalf of a corrupt govt because they are paying you well so that your kins can study jn Europe or America. the scale of corruption happened in WB teachers recruitment and because of Mr Ganguly it has surfaced. Judges are upholding the rules of law and I support them.
Our nation is still breathing with positivity because of people like you.
I salute you sir.
Dushasan Dave should be appointed Chief Justice, Prime Minister, and Speaker all at the same time. India will experience a golden era.
Correct
What is difference between pointing out something with facts & allegations with some doubts created on an issue. Truth in both cases will be established later.
Why should the constitution not be amended with changing times,
You were caught. You wanted to malign people who were in the right path and at the same time tacitly trying to protect the guilty. The treatment you got was good for the country and in the interest of justice.
Clearly this man has ideology. He thinks unelected judges of suprime court judges should make all the decision parliament is nothing.
Intelligent people is the way🤔🤔🤔🤔
He is from the same cabal like Manu Singhvi, Sibbal, Indira Jaisingh and Prashant Bhushan who had the judges under their influence all these years. Now that these people can't get all judgements in their favor they are criticizing the SC.
Then why does it feel that what he is saying is true?
Exactly these people r now losing their minds
@debankurbaruah5728 what he is saying is his opinion which seems truth to you but doesn't make it the truth. Would not call this a balanced, honest or fair opinion for DD
Dushyanth dave was good for chaddis during UPA time. But now they became anti national.
Same is case of ravish kumar
Appreciate and Proud of Mr, Dave🙏
I agree with Sr. Advocate Dushyant's views. The CJI can do much much more... yes, lead by example.
He's happy to represent radical Islamists groups 😂 so woke
BJP troll spotted!
When is Dave joining Congress?
Not at all he was similar during UPA time also.
Respected Mr. Dave should have investigated and inquired about the matter before commenting on this(WBSSC). He doesn't know the real truth and ground level findings but assesses the matter on the basis of law knowledge. This is very upset for me as I am an admirer of him.
I do not wish to comment on what Mr Dave says but I am sure he will definitely agree with me that by and large Supreme Court lawyers have also failed the nation. If Mr Dave says justice is out of reach for the common man is because Supreme Court lawyers charge exorbitant fees for each hearing and it is no secret that a tacit understanding exists between many if not all opposing lawyers to make sure many hearings take place before a judgement. Lawyers must look in the mirror before pointing fingers at the judiciary. People have gone bankrupt paying Supreme Court lawyers fees. Litigants do not fear approaching Supreme Court as much as they fear Supreme Court lawyers fees. I request Mr Dave to also introspect. Thanks you
💐
“justice must not only be done, but it must also be seen to be done.” It means the appearance of bias is enough to invalidate a judicial decision.
The hearing and verdict on EVMs failed to appeal any single person of a mass population who questioned EVM the magic box in every live court proceedings regardless the proceeding was on EVM OR not. People who trusted judiciary got disappointed by what seemed pre-decided judgement
Very easy to talk from outside the institution, the same can't be done irresponsibly.
Dave sir you are asset of India.What a fearless Frank opinion.Justice chandrachud has failed nation.
He is critical because he does not get favourable decisions... opposition stooge
Duggal sahab aa gye , delhna naraj na ho jaye ,, ye to khudme itna ahankari h ke khud ko president of India se bhi uper samajhta h
A very candid discussion. Well done.
Judiciary system is corrupt in our country. Judiciary is responsible for our country's failer. Ourselves whole Judiciary systems shoul be changing in our country
Why Print is doing episode ow the model code conduct are violated by all the parties during this elections and ECI is fully inactive how we trust ECI. who not able to make a fair elections. To whom a normal citizen to go for this unfairness if SC will also not listen. we are in a very sad state of affairs.
Knowledge is not for summarising things that are done. Environmentalists also follow the duty of summarisation. Going worst is unstoppable by such royal interviews & round table luxurious indoor discussions. Nothing shall change on the ground. Commentaries are in trend & it has become an employment option or income source that exploits mass monetarily.
There is one adv who is deliberately fighting for EVM removal in elections. Recently he is contesting too in UP I hope. Even this Dave can also fight against sc if they are doing wrong. Instead preaching here. Throwing his responsibilities on public. As if only public will do everything to save everything in the country. All public servants have become public eaters.
This can be called a pitch to INC for a lucrative post (with a hope they get a mandate) or spurned, bitter man and defeated man who can only point out fingers and express helplessness.
This surely was not an interview. No meaningful contribution by the interviewer besides providing this man a platform to rant
Sorry Sir, there is huge corruption and exchange of underhand money transfer in teacher recruitment scam in West Bengal.
An insignificant amount compared with the scams and other destructiuons being designed and implemented by MoSha to help themselves, their investors (notably Adambani), and the extended Sangh Parivar. You'll find their trolls in the comments
How do idiots like these sustain themselves in supreme court.....hope cji takes action against such brazen pressure tactics
India has been authoritative whether it was in the congress period or bjp one.Judicary is also partly responsible.We need judiciary reform.
I thought the same.. spot on. More power to CJI
People expressing their opinion so frankly and boldly is not idiocy.
@pankaj4u4 keep your mouth shut and let people think you are a fool rather than open it and remove all doubt 😂
During UPA time dushyanth dave was good for chaddis.
He was a frequent guest in arnab giswami debate.
Mr dushtanth dave is an honest lawyer
Favouritism and quid pro quo has gained a lot of public acceptance as an appropriate and legitimate culture. What will eventually happen is that people will become more realistic about what to expect from the courts in the future. Money and political influence matter more. Delivering neutral justice is not the central calculation. Some bias will always be there.
It is distressing when the anchor continuously responds to the speaker by verbally saying, "right", "yes", etc. These injunctions are totally avoidable. Let the speaker voice his opinion without interrupting, Ma'am.
Secondly, why are judges conferring on themselves such extensive lengths of vacations, when millions, nay crores, of cases are pending for hearing. IS THIS FAIR?
I understand in view of intreme bell bjp bosses r threatening to subject judiciary to impeachment. This threatening is improper.
What a beautiful interview!! Congratulations The Print! Dushyant Dave is not only a good lawyer but also a very concerned citizen. Modi-Shah, if wins, will do more nasty things. Might even close the Courts, it'll not be surprising!!