WWW.LIVELAW.IN MINUTES OF THE MEETING 28th September, 2017 The Managing Committee of the Gujarat High Court Advocates’ Association in the meeting (by circulation) held today i.e. 28/9/2017 unanimously resolved to support the stand taken by Mr. Dushyant Dave, Senior Advocate, Supreme Court of India in the interview/program telecast on 27/9/2017 at 8.30 P.M on NDTV channel on national television. The freedom of speech and expression is a fundamental right under Article 19(1)(a) of the Constitution of India which is subject to the restrictions provided in Cl(2) only that too by a law made by the State. Certain statements made by Mr. Dave in the program are duly protected under Article 19(1)(a) of the Constitution of India unless the court concerned takes it as contempt of court. If such statements are viewed by any statutory authority other than the superior court to be scandalous or contumacious, it has no power or jurisdiction to take action. Moreover, now in contempt proceeding truth is also allowed as a valid defence. Thus, in view of the above stated position of law it would be improper for the Bar Council of India to initiate action against any advocate for his lawful exercise of the fundamental right. We, therefore, earnestly request the BCI to withdraw the notice issued to Mr. Dushyant Dave, Senior Advocate in the larger public interest and administration of justice. Resolved unanimously.

Asim Pandya President Gujarat High Court Advocates’ Association.