Webinar: Senior Advocate and SCBA President, Dushyant Dave speaks on "The Constitution, Rule of Law & Governance during COVID 19"

The session can viewed on YouTube live here:

In February over 1 lakh people gathered in Ahmedabad to witness the Trump saga. On Feb 4, MHA had issued a strong advisory against public gatherings: Dave

Have we been informed of what was the effect/ COVID spread due to these lapses? Have we been informed of what basis lockdown was declared on March 23 giving 6 hours notice? : Dave asks.

Was expert advice sought and was it followed? Dave asks

But we debated Nizamuddin Markaz for weeks, resulting in the criminalisation of sickness, resulting in FIRs and arrests of 100s if not 1000s...

We demonised the entire community. Was this not anti-national to create hatred amongst us?: Dave

What we need today is participatory democracy: Dave

With it missing, and that it appears to be missing, there will be no rule of law, no accountability and it will result in abuse... we must prevent this: Dave

There is no denying that the Prime Minister means well... demonetisation and lockdown are two examples that remind us of the limitations of even the most popular leader: Dave

Justice HR Khanna's observation that rule of law is the antithesis of arbitrariness in the ADM Jabalpur case is recalled by Dave.

ADM Jabalpur is one of the most disgraceful judgments ... Both Justices Chandrachud & Bhagawati apologised at their death beds.

What is important is that at a time when we needed the judges and SC the most, it failed us. It is only Justice Khanna who stood tall: Dave

SC has time and again said that the right to life includes the right to dignity.

Dave adds that millions were deprived of the right to life with dignity when the COVID-19 lockdown was imposed.

Did the govt not envision this problem when the lockdown was imposed? Dave queries

What was the Govt thinking? We will never know because we have no information as to how this infamous decision to declare the lockdown was taken: Dave

We cannot debate it as debates on such issues are unwelcomed in this country: Dave

5 months into the COVID9-19 situation, the Government has not brought a comprehensive National Disaster Management Plan to tackle the situation, Dave says.

If you don't have a plan you are doing a great disservice to the country. Not only are you not following the rule of law, but you are functioning in an extremely ad hoc manner to deal with this situation: Dave

We are seeing that ad hocism. More that 5,000 different orders, notifications and advisories have been issued by the GOI alone. Besides 1000s more by State Govts.

So the citizens can never know what the Govt is doing. Which citizen has time to go through these? : Dave

The citizens do not know what rights they have in the situation: Dave

We have no idea what the rights of the citizens are in this situation: Dave

There is a singular absence of basic rule of law today in this extraordinary situation facing humanity. This country, let us pray, will never meet a situation like COVID-19: Dave

The Govt is thoroughly ill-prepared. But more than that, the nation is thoroughly ill-prepared to debate it.

Not one leader of the opposition has asked this question. Not one section of media has asked why the PM is not bringing a National Disaster Plan to fight COVID-19: Dave

What is important is, did lockdown serve any purpose? Dave asks

What was the purpose of bringing a lockdown if you could not contain the spread of COVID-19 which was the basic aim of the lockdown? Dave

Lockdown was not only ill-conceived, but it was ill-executed and ill-thought. And it has definitely failed to bring the results which the country really deserved: Dave

Countries like South Korea, NZ and Taiwan have succeeded because what they did was stop foreigners from entering the country from Feb 1, 2020: Dave

While we were welcoming Trump and 1000s of NRIs - who wanted to come and shake hands or dance to the tune of Trump's lecture: Dave

Responsible countries stopped the entry of foreigners and quarantined persons of the country returning, Dave observes, adding that this helped these countries to eventually get back on their feet.

Even China, from whether the virus has come is back on its feet: Dave

China's GDP has increased in the last quarter, while ours has fallen: Dave

Can a nation of more than 130 cr people with large-scale poverty afford these kinds of ill-thought, ill-conceived and ill-executed executive actions that are completely unchecked by parliament and judiciary altogether? Dave

Every economy in the world has said that demonetisation was a wrong move, which GOI doesn't want to admit: Dave

What is sad is when demonetisation was challenged before the Supreme Court, it refused to intervene. But more than that, it has not heard that matter till today: Dave

This is the state of affairs in the country, where every Constitutional body is ceding its turf to the executive, and mainly to the Honourable Prime Minister. He has a towering personality: Dave

Dave recalls Ambedkar's word of caution that "Bhakti" in politics is a sure path to degradation and ultimately dictatorship.

Perhaps he had Gandhiji and Nehru and Sardar Patel in mind, who he saw were worshipped as Demigods at the time, Dave adds.

Today we are in a situation where because of towering personality of PM and complete absence of opposition - there is no other leader parallel who can stand up and debate.

As a result, we are willing to accept anything that is given to us. And the judiciary sits silently: Dave

When petitions challenging the abrogation of Article 370 of Constitution and related matters came up, former CJI Gogoi virtually said, "Let us given executive some time."

It is impossible that judiciary would make such a statement and defer preventive detention petitions: Dave

We all respect the Supreme Court but its failures in recent times is abject as it was in ADM Jabalpur: Dave

PM CARES fund has become a private trust. It is managed by govt ministers, but it is not subject the CAG audit: Dave

The PM is an honest man. But he is ill-advised by his advisors... : Dave

One of the Parliamentary Committee members wanted to discuss the PM CARES fund, but the Committee chairman (of the ruling party) said flatly that we will not even discuss it: Dave

However responsible, honest or popular the PM may be, he is accountable to us, the citizens. He must become transparent. He must override his advisors who have advised him to create this type of a fund: Dave

We are just not given information on what is happening on the border with China... there are rumours that China has taken away India's area. Many experts have spoken, but our Govt is singularly silent.

Yet we lost 20 brave soldiers in skirmishes with Chinese soldiers: Dave

This is what Media channels really should be asking. Not about #SushanthSinghRajput suicide or fighter jets coming into the country.

We are being given information by the Government that hides more than what it reveals: Dave

Supreme Court virtually told media that don't report independently, report what govt tells you to report.

In that decision, the SC told us citizens that we must follow the Govt's instructions on lockdown otherwise we will face prosecution under the law: Dave

Gurudev Tagore must be wondering from Heaven what happened to that dream that I wrote on independence:

“Where the mind is without fear and the head is held high, Into that heaven of freedom, my father, let my country awake!" - Dave

Let us hope at least in 2020, our country will awake as Gurudev Tagore imagined: Dave

We all love our country, but we must all ask ourselves this question that "how can I help my country?" : Dave

We can only hold Judiciary accountable by criticising the judiciary as respectfully as we can, but as strongly as we can.

Delays in hearing habeas corpus petitions is absolutely unforgivable: Dave says, responding to a question.

Dave recalls Ambedkar as saying that Article 32 of the Constitution is the heart and soul of the Constitution, responding to another question.

Today SC has forgotten this completely. When habeas corpus petitions are filed in SC, it says go to HC. It is unheard of, unacceptable, deeply saddening. It is an obligation of SC.

The citizen has a right to ask SC to intervene and its failure to intervene is unpardonable: Dave

There is no doubt that the fourth estate - the media - in this country has behaved extremely irresponsibly: Dave says, answering a question on whether the law regulating media should be codified by a statute.

Dave refers to the way in which the media reported on Nizammuddin Markaz

The Government had given them permission, suddenly a lockdown is imposed - how do you expect these foreigners to go back? Dave asks

Media started virtually saying that they are human bombs moving about. Is this the kind of treatment that we give to our citizens? How we criminalise a sickness instead of sympathising with them? : Dave

It is an extraordinary situation where the media - a section of it - can get away saying anything and everything, inflame passions, create a discord between the communities - It is very easy to inflame passions between the majority and minority community: Dave

Time has come for some regulation to be introduced, Dave opines.

The airwaves are public property. The Media has to have a responsibility when using the airwaves, he adds.

There is a tremendous responsibility on citizens as well. The government cannot do it alone. But citizens are not being guided properly: Dave says, touching upon the norms to be followed during COVID

The law of contempt is an antiquated law. Civil contempt is absolutely necessary. But we are talking about criminal contempt: Dave says

The Judges must realise, which was said by CJ Mukherjee in 1953, that judges have to earn respect. They cannot demand respect: Dave

What they are doing by enforcing contempt law is demanding respect: Dave

Nobody will criticise judges if judges by their judgments, by personal conduct really win the hearts of the people. There is no need to Dave

I love my judiciary, I love my judges. But that does not stop me from criticising them time and again because I want my system to improve. And it can be much better: Dave

The reason why it is not improving is because, with the greatest respect to the Judges, they live in ivory towers. They don't want to listen. They don't want ideas. They want to decide for themselves what is good for the institution: Dave

They (Judges) have no idea that what is doing is not good for the institution. They just don't want to see the mirror. So it is our duty as citizens should show them the mirror: Dave

I don't think that a singular judgment like in #PrashantBhushanCase should deter the citizens from showing that mirror to the judges. But it must be done with respect. It must not be personalised: Dave

We should bring about legislation that prohibits judges from accepting anything, including arbitrations post-retirement: Dave opines.

We must give them salary throughout their life, not just pension, Dave adds.

I must say that the Court has been extraordinarily liberal to the Executive since 2014.

Not that Congress was free from corruption charges, but at least the Supreme Court gave important decisions in 2G and Coalgate cases during Congress time: Dave

Since 2014, not a single decision.

The way in which the Rafale matter was handled, I would say, was extraordinarily disturbing. Sealed cover packages, abrupt orders, abrupt hearings were totally unsatisfactory: Dave

Now we see what is happening. The offset partner of the Govt was none other than Mr Anil Ambani. Today he has a debt of more than Rs 2 lakh crore. And he can't pay a penny. And the Govt is silent about it. CAG has refused to go into offset contract: Dave

There is a great responsibility on the shoulders of the Supreme Court. I genuinely hope and pray that the SC comes back to its real spirit and that it starts testing...

No one says to set aside everything the Govt does. But you must test it: Dave

Q: There are 31 judges in the Supreme Court. Why is everyone silent? Or does everyone have the same approach?

Dave: I won't answer that. I would only say SC as an institution needs to be really performing its Constitutional duty.

Webinar has ended.