Physical Address
304 North Cardinal St.
Dorchester Center, MA 02124
Physical Address
304 North Cardinal St.
Dorchester Center, MA 02124
The All India Bar Association wrote to Chief Justice of India (CJI) DY Chandrachud urging him to address the recent incidents of ‘judicial misconduct’ saying they have had a profound impact on the legal fraternity.
The letter said that there is an “urgent need for action to address disrespect and misconduct” towards senior advocates, advocates and litigants in courtrooms by judges of the High Court.
It specifically mentioned an incident involving Justice R Subramanian at the Madurai Bench of the Madras High Court, alleging he was observed behaving disrespectfully towards a senior advocate, MP and the Advocate-on-Record “for no reasons”.
The Bar Association Chairman, Adish Aggarwala, in the letter, expressed his disappointment that, despite various efforts, including a representation by the Association, no concrete action has been taken in this regard.
“As the Chief Justice of India, it is paramount that you should ensure that Senior Advocates and other advocates are treated with the utmost dignity and respect by Hon’ble Judges of the High Court during court proceedings. With a profound sense of urgency and concern, I address this matter as it continues to negatively impact the legal community and compromise the very fabric of our justice system,” the letter reads.
Letter noted that since the alleged incident at Madras High Court occurred during Justice Chandrachud’s tenure, failure to take action will certainly reflect poorly on his commitment to the dignity of lawyers.
“Why has no action been taken against the errant judge of the Madras High Court, including transferring him?,” the letter asked, also adding, “recent incidents of judicial misconduct towards advocates are not isolated or exaggerated”.
“The absence of action against these intemperate judges and the non-accountability they face signal that such behaviour can continue unchecked, emboldening further instances of disrespect, intimidation, and humiliation of advocates by members of the judiciary,” the Bar Association president’s letter further mentioned.
He added that this “inaction” risks setting a dangerous precedent, encouraging further “demeaning behaviour and weakening the relationship between the Bar and the Bench”.
Aggarwala also pointed out that the mutual respect between the Bar and the Bench is not only a cornerstone of the rule of law, but it is also essential for the proper functioning of our judicial system.