"Don't threaten": Justice MR Shah and Senior Advocate Dushyant Dave engage in heated exchange

Courtroom four of the Supreme Court witnessed heated a exchange of words on Monday between Justice MR Shah and Senior Counsel Dushyant Dave during the hearing of a case concerning the promotion and appointment of district judges in Gujarat..Dave questioned the bench of Justices Shah and CT Ravikumar as to why it was showing urgency to dispose of the matter, when another bench (led by Chief Justice of India DY Chandrachud) was already seized of and hearing the All India Judges Association case dealing with such promotions, service conditions and appointments."Why are my lordships in a hurry to dispose this when Court 1 is seized of the larger matter? I seriously object." Justice Shah then retorted, "At the fag end of my career, do not make me say anything about you. Argue on merits." "Do not threaten me, my lords. I am making my point," Dave replied, and continued with his submissions.Dave was representing one of the private respondents in the matter..The Court was hearing a plea filed by aspirants of district judge posts challenging the Gujarat government's and Gujarat High Court's move to make appointments on the basis of seniority-cum-merit. It was contended that the same should have been on the existing principle of merit-cum-seniority. Candidates with much lower marks than the petitioners have been appointed, it was contended.The bench had sought the response of the High Court and the State government on April 13 this year.However, four days later, the government went ahead and notified a promotion list.One of those promoted was the judge who had convicted Congress leader Rahul Gandhi for defamation recently.The Court in its order on April 28 said the same was 'very unfortunate'. "We do not appreciate the haste and hurry in which the State has approved and passed the promotion order dated 18.04.2023, when this Court was seized with the matter and a detailed order was passed while issuing the notice. It is to be noted that the selection was of the year 2022 and therefore there was no extraordinary urgency".The concerned Secretary as well as the High Court was called upon to explain its stand, and place on record as to which principle the promotions and merit list had to be based on."We cannot approve these actions, no one can override this Court. Have you ever heard State government going ahead like this subject to final order?" Justice Shah had remarked.The State government had, during the hearing of the matter on May 1, submitted that the notification was not in violation of but in compliance with the earlier directives of the Court..The Court today reserved its interim order in matter. Justice Shah will have his last working day on May 15, Monday.[Read order].Solicitor General Tushar Mehta, Senior Counsel Dushyant Dave engage in verbal spat