SC calls for bench-bar grievance panels across India

The Supreme Court of India directed all High Courts to establish grievance redressal committees at high court, district, and taluka levels to resolve bench-bar disputes amicably. The move followed controversy over a viral video involving an Andhra Pradesh High Court judge and a young lawyer

New Delhi: The Supreme Court on Monday called for the constitution of grievance redressal committees on a pan-India basis at the high courts, and district and taluka courts for amicable resolution of issues which may arise between the bench and the bar.

The apex court passed the order while hearing two petitions relating to a recent viral video in which a judge of the Andhra Pradesh High Court was allegedly warning a young advocate that he would be sent to 24-hour judicial custody over a purported procedural lapse.

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A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi noted that even before receipt of formal communications from the Bar Council of India (BCI) and the Supreme Court Bar Association (SCBA) regarding the video, the CJI had asked the chief justice of the high court to send a report on the issue.

The top court noted that the report received from the chief justice of the Andhra Pradesh High Court has substantially allayed the concerns that have arisen in the matter and the issue was resolved between the parties even before the circulation of the clip on social media. “We are of the view that the incident in question does not warrant any further action at our end,” the bench said.

It also noted that the strong observations made by the high court judge were not incorporated in the judicial order. However, the bench said that members of the judiciary at all levels must exhibit patience, compassion and a spirit of encouragement, especially towards young members of the bar.

The bench said young law graduates must be encouraged to join the bar, particularly in the trial courts.
It said the bench was equally entrusted with the obligation to nurture a sense of duty and integrity so that lawyers see themselves as officers of the court.

Observing that the SCBA has led by example, the bench said it expects the BCI and the state bar councils to undertake structured orientation programmes on a pan-India basis for new entrants in the legal profession. “The judiciary must remain mindful of the fact that the strength of the bench is dependent upon continued nurturing and development of the bar at all levels,” the bench said.

It highlighted that the media has a vital role to play and dissemination of any decontextualised video has the potential to cause unwarranted prejudice. “We expect that media will also play a proactive role with a heightened sense of responsibility,” the bench said.

“We deem it appropriate to call all high courts to constitute grievance redressal committees…,” it said, adding that such committees be also constituted in district and taluka levels. It said such institutionalised mechanism will ensure that any issue which may arise between the bench and the bar is amicably resolved.

The bench noted it appeared that during the course of proceedings before the high court, the judge sought to draw the attention of the young lawyer to a judgment which supported his case, while the counsel insisted on relying on another verdict which the judge felt was not applicable in his matter.

The top court observed that the case file of the lawyer slipped and fell on the ground, and though there was no deliberate intent to disrespect the bench, the judge construed it as an act of impropriety. After the video came into light, the BCI and the SCBA urged the CJI to take cognisance of the incident.

The SCBA’s resolution issued through its president Vikas Singh underlined that judicial strength was best demonstrated through patience, rather than fear, especially when dealing with young advocates who were still learning in the profession.

According to its resolution, any action that caused fear, humiliation or intimidation among young advocates had the potential to adversely affect the independence of the bar and the optimal operation of the justice delivery system.

The BCI sought the urgent intervention of the CJI in the matter. BCI chairperson and senior advocate Manan Kumar Mishra, in a formal representation, termed the conduct of the high court judge “grossly inappropriate” and “damaging to the confidence of the Bar”.

The communication urged the CJI to intervene at the earliest to ensure that the faith of Bar, particularly young advocates, in the protective and corrective role of the judiciary is restored. The controversy stems from the court proceedings on May 5.