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The petitioner states that he was mistaken to believe Dave was a Senior Advocate designated by the Supreme Court. Considering Dave is designated senior by the Gujarat HC, petitioner wishes to move the appropriate Court.
Just days after moving the Supreme Court with a plea to recall Senior Advocate Dushyant Dave's senior designation, petitioner Sharad Datta Yadav has filed an application seeking liberty to withdraw this petition.
Yadav had moved a plea before the Supreme Court earlier this month urging the Supreme Court to direct the recall of Dave's senior advocate designation contending that Dave "smeared the image of the Supreme Court" while arguing for Advocate Prashant Bhushan in the suo motu contempt case against him.
Yadav had filed this petition under Article 32 read with Article 14 of the Constitution and relied on excerpts of Court hearings from Bar & Bench and other legal news portals to contend that,
However, now, Yadav wants to withdraw this petition. The petitioner states that he was mistaken to believe Dave was a Senior Advocate designated by the Supreme Court. Now that it has come to Yadav's notice that Dave is designated senior by the Gujarat High Court and only practises in Supreme Court, he wishes to move the appropriate Court.
As such, an application seeking to withdraw the petition has now been moved by Yadav. Yadav also seeks a direction for Dave to ensure that whenever he is addressed as "Senior Advocate Dushyant Dave", he must make the clarification that he is Senior Advocate designated by the Gujarat High Court.
Moreover, this application does not pray merely for a permission to withdraw the plea but also seeks a bar on Dave from arguing before Justice Rohinton Nariman.
The petitioner claims that while for himself, "all the Judges of this Hon'ble Court are of equal excellence", it is surprising for him to have come across Dave's various speeches where he "found to be extolling Hon'ble Justice Rohinton Nariman, inherently alluding a comparative accolade of greater excellence vis-a-vis other Hon'ble Judges of this Court."
Therefore, Dave must recuse himself from arguing before any Bench of which Justice Nariman is a part, the petitioner argues.
Having said this, Yadav in his application seeks permission to withdraw the petition and move the Court having appropriate jurisdiction. The plea has been drawn by Advocate Vikas B Pawar.