A group of about 150 lawyers on Thursday urged the Supreme Court Bar Association to take up with the Chief Justice the issue of P. Chidambaram being denied “urgent” listing of his anticipatory bail plea on Wednesday, which was followed by his late-night arrest.
Stressing that the matter involved a citizen’s fundamental right to life and liberty, their letter argued that the rebuff to Chidambaram, himself a senior member of the bar, would suggest that “the rule of law and democracy are in peril”.
The letter added that the members of the bar were deeply concerned at the way in which the judiciary was dealing with matters relating to the life and personal liberty of citizens.
Among the signatories were former additional solicitors-general Sidharth Luthra and Harin Raval and senior advocate C.U. Singh. The Supreme Court Bar Association (SCBA) is a representative body of advocates practising in the Supreme Court.
“If normal procedure of urgent listing is not followed… our constitutional edifice would be slowly dismantled. The denial of urgent listing in a matter of anticipatory bail of a senior (member) of the bar leads us to conclude that the rule of law and democracy are in peril,” the letter says.
“As members of the bar we expect an even-handed approach of the Hon’ble Court without in any manner commenting on the merits of the SLP (special leave petition) filed by Mr Chidambaram. We are disappointed that even a hearing was denied to him when in cases of protecting personal liberty the Hon’ble Supreme Court has been very proactive.”
It adds: “The founders of the Constitution could never have imagined that the Supreme Court could deny urgent and immediate listing upon mentioning of a matter relating to most senior member of the bar…. Mr Chidambaram is a member of the bar with more than 40 years of experience, 35 years out of which he has been a senior advocate.
“We urge the SCBA to immediately pass a resolution to the above effect and to take up the issue with the Hon’ble Chief Justice of India on an urgent basis.”
On Wednesday, senior advocate Kapil Sibal, representing Chidambaram, had complained to a Supreme Court bench headed by Justice N.V. Ramana that he was being made to run from one bench to another.
When Sibal had approached the Chief Justice’s court, he was asked to approach Justice Ramana’s bench because the Chief Justice was sitting on a constitution bench. But when he went to Justice Ramana’s bench, it said it would refer the matter to the Chief Justice.