NEW DELHI: Former Supreme Court Bar Association (SCBA) president Adish Aggarwala has written a letter to Chief Justice of India DY Chandrachud requesting him to frame guidelines on decorum for judges while interacting with lawyers during judicial proceedings.
Aggarwala, who is the president of the All India Bar Association (AIBA), and a senior lawyer of the top court, suggested creation of a monitoring mechanism by a committee, led by a retired SC Judge. “There is a growing and deeply concerning issue — the increasing incidence of demeaning and disrespectful behavior towards advocates within courtrooms,” his letter read.
Highlighting a disturbing trend that undermines the mutual respect that must exist between the Bar and the Bench for the effective administration of justice, Aggarwala referred to a recent incident at the Madurai Bench of the Madras High Court. The concerned senior judge Justice R. Subramanian was seen shouting and using inappropriate language during virtual proceedings towards a well respected senior advocate P. Wilson and the Advocate on Record.
Despite Wilson’s clear intent, which was to highlight a potential conflict of interest without seeking the recusal of the junior judge, the senior judge responded with aggression. He berated both advocates, even though the senior advocate repeatedly and politely clarified his position.
In an effort to ease the situation, the senior advocate also extended a humble apology, yet the judge persisted in his criticism and went so far as to make unfounded accusations of unethical behavior against the Advocate on Record, for instructing the senior advocate, Aggarwala’s letter stated.
“With the increasing use of virtual courtrooms, it is now easier to monitor court interactions between judges and advocates. We propose the creation of a monitoring mechanism, overseen by a committee headed by the retired Supreme Court Judge, that reviews virtual court proceedings to ensure that the conduct of both judges and advocates is in line with established norms of professional behaviour,” the letter further read.
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