SCBA urges CJI to intervene in Andhra Pradesh High Court lawyer detention case
The Supreme Court Bar Association urged CJI Surya Kant to take institutional cognizance of the reported detention of a young lawyer during Andhra Pradesh High Court proceedings. The Bar Council of India also sought intervention and administrative action over the incident
New Delhi: Expressing “deep concern and shock” over the reported detention of a young lawyer during proceedings before the Andhra Pradesh High Court, the Supreme Court Bar Association (SCBA) on Wednesday urged Chief Justice of India (CJI) Surya Kant to take “appropriate institutional cognizance” of the matter and consider corrective measures.
In a resolution passed by its Executive Committee, the SCBA referred to the recent incident before the Andhra Pradesh High Court, where a young advocate was allegedly directed to be taken into judicial custody for 24 hours during court proceedings before Justice Tarlada Rajasekhar Rao.
“As per the video proceedings presently circulating in the public domain, the young Advocate repeatedly expressed regret and sought pardon before the Hon’ble Court,” the resolution stated.
The apex court lawyers’ body said the incident has triggered “serious concern” among members of the Bar across the country and has “deeply disappointed young members of the legal profession”.
“The SCBA firmly believes that the relationship between the Bench and the Bar is founded upon mutual respect, dignity, patience, and institutional balance,” the resolution said.
It further stressed that advocates are officers of the court and play an essential role in the administration of justice.
“While the authority and majesty of Courts must always be respected and maintained, the exercise of judicial powers must equally reflect restraint, proportionality, fairness, compassion,” it added.
The Bar body said that maintenance of decorum and discipline in court proceedings is integral to the rule of law, but emphasised that judicial authority must also be exercised fairly and with balance, particularly when dealing with young lawyers.
“Judicial strength is reflected through patience and balanced conduct, particularly while dealing with young lawyers who are still learning and evolving in the profession,” the resolution stated.
The SCBA also cautioned that actions causing “fear, humiliation, or intimidation” among young advocates could adversely impact the independence of the Bar and the effective functioning of the justice delivery system.
“The SCBA is of the considered view that any action that causes fear, humiliation, or intimidation amongst young Advocates has the potential to adversely affect the independence of the Bar and the optimal operation of the justice delivery system,” it said.
Accordingly, the lawyers’ body urged CJI Kant to examine the matter at an institutional level.
“The SCBA respectfully urges the Hon’ble Chief Justice of India to kindly take appropriate institutional cognizance of the matter, graciously call for the relevant records and proceedings, and consider such corrective and administrative measures as may be deemed appropriate in the interest of preserving public confidence in the judiciary and maintaining cordial Bar-Bench relations,” the resolution added.
Meanwhile, the Bar Council of India (BCI) also wrote to CJI Kant on Wednesday seeking his intervention in the matter. In his letter, BCI Chairman Manan Kumar Mishra raised concerns regarding the conduct of Justice Tarlada Rajasekhar Rao and flagged that, following intervention by the Andhra Pradesh High Court Bar Association, the order directing the advocate to be taken into custody was subsequently withdrawn.
The BCI also sought administrative action against the judge, including withdrawal of judicial work pending review, his transfer, and appropriate judicial training on court management, judicial temperament and Bar-Bench relations.
