All India Bar Association urges CJI Chandrachud to address judicial misconduct towards lawyers
Nov 04, 2024
New Delhi [India], November 4 : The All India Bar Association (AIBA) has formally written to Chief Justice of India, DY Chandrachud, expressing grave concerns over ongoing disrespect and misconduct towards lawyers in courtrooms.
The letter highlights an alleged lack of action regarding recent incidents of judicial misconduct, particularly involving a senior advocate at the Madras High Court, which has led to growing agitation within the legal community.
AIBA Chairman Dr. Adish C. Aggarwala emphasized that the dignity and respect of advocates are crucial for maintaining the integrity of the judiciary.
"I write this letter with great pain regarding the silence exhibited by your lordship in response to the representation made by the All India Bar Association, which raises serious concerns about the dignity and decorum held by the countless lawyers practicing across the country. It appears that your precious time is focused in attending the functions in different parts of the country during the final stages of your retirement," he said.
The letter expressed disappointment that, despite significant agitation within the legal community and numerous representations from various Bar Associations and Bar Councils--including one from our Association dated October 7, 2024, and the Bar Council of India--no concrete action has been taken against the judge involved in the incident with Senior Advocate P. Wilson.
"Our calls for reform and improved treatment of advocates in courtrooms have been met with silence and inaction. This raises concerns about whether there is a lack of concern for lawyers' welfare or an inability to address these critical issues," stated AIBA.
"The Chief Justice's failure to acknowledge or take proactive steps on this matter, which has disturbed the legal fraternity nationwide, raises serious questions about the judiciary's commitment to maintaining a respectful and professional environment. Why has there been no action against the errant judge from the Madras High Court, including possible transfer?" it added.
The letter from the AIBA also mentioned that recent incidents of judicial misconduct towards advocates are well-documented and reflect a troubling, escalating pattern of behavior.
"The lack of accountability for these judges signals that such misconduct may continue unchecked, further fostering an environment of disrespect, intimidation, and humiliation of advocates by members of the judiciary," it said.
"This passive approach is a grave concern for me and the entire legal fraternity, especially as recent incidents of judicial misconduct have had a profound impact on us. This inaction risks setting a dangerous precedent, encouraging further demeaning behavior and weakening the relationship between the Bar and the Bench," added Senior Advocate and AIBA Chairman Dr. Adish C. Aggarwala
Recently, Supreme Court Bar Association (SCBA) has strongly condemned the alleged violent actions of the police against advocates inside the Ghaziabad court premises, characterizing the incident as an egregious violation of rights and the rule of law.