Lawyer In Judicial Custody For Contempt: SC Advocates' Body Asks CJI To Intervene

The Supreme Court Bar Association (SCBA) voiced strong concern over the events that unfolded before the Andhra Pradesh high court, where a junior advocate was ordered to remain in judicial custody for 24 hours for contempt of court during proceedings.

Seeking institutional intervention, the SCBA urged the Chief Justice of India to take cognisance of the matter and consider suitable corrective or administrative measures to preserve public confidence in the judiciary and maintain harmonious Bar-Bench relations.

In a resolution adopted by its executive committee, the SCBA referred to videos of the hearing conducted by Justice Tarlada Rajasekhar Rao that have surfaced publicly and noted that the young lawyer had repeatedly apologised before the court and sought forgiveness.

The association said the episode had unsettled members of the legal fraternity nationwide, particularly younger lawyers.

Stressing the importance of healthy institutional relations, the SCBA observed that the Bench and the Bar must function on the basis of mutual respect, dignity and balance.

The resolution reiterated that advocates, as officers of the court, are integral to the administration of justice. 

While underscoring that courts command authority and respect, the association added that judicial powers must be exercised with restraint, fairness, proportionality and compassion.

The SCBA said maintaining courtroom discipline is essential to the rule of law but the use of judicial authority must also remain fair and measured.

It also said that patience and balanced conduct are hallmarks of judicial strength, especially when dealing with young lawyers still finding their footing in the profession.

The body expressed concern that actions capable of creating fear, humiliation or intimidation among junior advocates could weaken the independence of the Bar and adversely impact the justice delivery system.

--Bhavini Mishra, Business Standard