Bombay HC reprimands lawyer for alleging bias by court; terms conduct as unprofessional, unbecoming

Anjali Patil started making allegations against the judge and said priority was being given to certain matters and to certain advocates.
Bombay High Court (Photo | PTI)
Bombay High Court (Photo | PTI)

MUMBAI: The Bombay High Court has reprimanded a lawyer for levelling allegations of bias by the court while hearing bail applications, and said such conduct was "unprofessional and unbecoming of an advocate" and "pollutes the fountain of justice".

A single bench of Justice Anuja Prabhudessai was on April 19 hearing the bail application filed by one Dipak Kanojia.

When the matter was called out, Justice Prabhudessai queried with Kanojia's lawyer Anjali Patil whether there was any urgency for the plea to be heard.

Patil then started making allegations against the judge and said priority was being given to certain matters and to certain advocates.

"The learned counsel (Patil) thus insinuated that the court was not fair and was biased. She also complained that the litigants do not get justice from the court," Justice Prabhudessai said in her order that was made available on Friday.

It added that Patil went on with the tirade in the court and further threatened to lodge a complaint before the Chief Justice of the Bombay High Court.

Justice Prabhudessai in her order noted that an advocate has every right to protect the interest of his or her clients and that lawyers were answerable to their clients and their frustration when the matter gets adjourned for whatsoever reason is understandable.

"At the same time, an advocate as an officer of the court is under an obligation to maintain the dignity and decorum of the Court. There is no room for arrogance and there is no license to intimidate the court, make reckless accusations and allegations against a Judge and to pollute the very fountain of justice," the order said.

Justice Prabhudessai added that Patil had grossly overstepped the limits of propriety when she made imputations of partiality and unfairness in open court.

"The conduct was highly unprofessional and unbecoming of an advocate. It has to be borne in mind that casting scurrilous aspersions not only has an inevitable effect of undermining the confidence of the public in the judiciary, but also has the tendency to interfere with the administration of justice," the order said.

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