Case on Covid-19 management: SC allows Harsh Salve to be recused as amicus curiae

Dushyant Dave contended a perception was created that the apex court would transfer to itself all pending Covid-19-related matters from various High Courts

The Supreme Court on Friday allowed senior advocate Harish Salve to withdraw himself as amicus curiae, in a Suo Motu matter related to supplies of essentials in Covid-19 pandemic, as a group of the senior advocates opposed his nomination a day before.

The court, however, took strong objection of some senior advocates "imputing motives" to it for a decision to act suo motu to ensure supply of oxygen, essential drugs and vaccines across the country in view of grim situation.

"Senior advocates are destroying this institution. Even before the order was passed, motives were imputed that we were going to stop the high court. Is this the way senior advocates behave," a bench presided over by Chief Justice S A Bobde asked as a group of counsel appeared to oppose the top court's move.

Senior advocate Dushyant Dave, who was very critical of the top court's decision of Thursday, contended a perception was created that the apex court would transfer to itself all pending Covid-19-related matters from various High Courts.

"We never said a word and did not stop the high court. We asked the Centre to go to HC and report to them. What kind of perception are you talking about," the bench, also comprising Justices L Nageswara Rao and S Ravindra Bhat, asked.

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Salve, for his part, said, 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 CJI from school and college days. Allegations have been made or there is conflict of interest," he said.

Salve has appeared for Vedanta which sought a permission to reopen its Sterlite plant at Thoothukudi, Tamil Nadu for production of oxygen.

He said in the wake of the allegations against him, he would not want any aspersion on such an important hearing.

"We were also pained at reading what some senior advocates had to say. But everyone is entitled to their own opinion. In future, we will have to look for someone as amicus who we don't know," the CJI said.

The CJI also pointed out to appoint him as amicus curiae was a collective decision of the bench.

It was the last working day for CJI Bobde. He is retiring on Friday. Solicitor General Tushar Mehta said the CJI deserved a loving farewell and senior advocates should not make statements on perception.

The court posted the suo motu matter registered as "Distribution of Essential Supplies and Services during pandemic" for consideration on Tuesday.