‘You Must Be Pained’: SC Allows Harish Salve to Recuse Himself 

Supreme Court also expressed disappointment at the criticism from those who ‘did not even read its order’. 

Updated
Law
2 min read
The Supreme Court. 
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The Supreme Court of India has allowed Senior Advocate Harish Salve to recuse himself from becoming the amicus curiae in the court’s suo motu case on the COVID-19 crisis.

Court accepted Salve’s request, but also informed him that the question of conflict of interest doesn’t arise as the decision to appoint him as amicus was taken unanimously by the Bench.

After allowing Salve to step down, the court directed the central government to file a response to the questions posed by the court in its last order by Tuesday, 27 April.

I Want To Recuse Myself With Humility: Salve

Senior Advocate Harish Salve informed the court that wants to “recuse himself with humility” from the position of amicus curiae.

It is the most sensitive case this court will look into. I don’t want this case to be decided under a shadow that I knew Chief Justice of India SA Bobde from school and college or under allegations of conflict of interest
Harish Salve

CJI Bobde responded to Salve’s request by saying that it was the court’s “collective decision” to appoint him as amicus curiae. The court allowed Salve to recuse himself from being an amicus in this case and said, “We will honour your sentiments and you must have been pained.”

Solicitor General Tushar Mehta expressed his “disagreement” with Salve’s recusal and asked Salve to reconsider his decision.

We are not in a position to malign each other. I saw people literally abusing on social media. This also needs to be looked into. No counsel should succumb to such tactics
Solicitor General

SC Maligned For No Reason

The Supreme Court also expressed disappointment at the criticism directed towards it by Bar Associations. The court said that certain motives were imputed against it without even reading what is actually written in the court’s order.

“You have imputed motives to us without reading the order. This is how the institution is being destroyed.”
Supreme Court

Solicitor General Tushar Mehta supported the court’s reservations and said that senior counsels, such as Dushyant Dave, should not make arguments on perceptions.

Mehta said that since CJI Bobde is retiring today (23 April), he deserves a loving farewell and not abuses from the fraternity. 

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