AIBA prez writes to CJI seeking guidelines on decorum for judges

New Delhi, Oct 8 (PTI) Former Supreme Court Bar Association (SCBA) president and senior lawyer Adish Aggarwala has written to Chief Justice of India DY Chandrachud seeking framing of guidelines on decorum for judges while interacting with lawyers during judicial proceedings.

Aggarwala, who is the president of the All India Bar Association (AIBA), also proposed the creation of a "monitoring mechanism" by a committee headed by a retired judge of the Supreme Court judge.

In his letter to the CJI on October 7, the bar leader referred to a recent incident involving a senior judge of a Madurai Bench of the Madras High Court and senior advocate P Wilson during a virtual hearing.

He claimed the senior lawyer was highlighting a case of possible conflict of interest of one of the judges sitting on the bench.

The letter said the senior judge of the high court was "seen shouting and using inappropriate language during the virtual proceedings" towards a senior advocate P Wilson and the Advocate on Record.

"Despite the senior advocate's clear intent, which was to highlight a potential conflict of interest without seeking the recusal of the junior judge, the senior judge responded with aggression," claimed Aggarwala.

He further said the judge "berated" the advocates, even though Wilson repeatedly and politely clarified his position. The senior lawyer, in an effort to ease the situation, even extended an apology.

"The bench, in its apparent anger, has gone so far as to record a statement alleging that the senior advocate made remarks demeaning the court, which in fact were never uttered. This misrepresentation has the potential to have long-reaching implications for the judiciary, as it sets a dangerous precedent," the letter read.

The court order suggested that Wilson sought recusal of "the junior judge" and, in doing so, allegedly disrespected the court, it added.

"However, the circulated video of the proceedings clearly shows that the senior advocate was merely fulfilling his duty as an officer of the court by highlighting a potential conflict of interest. At no point, did he request the recusal of the judge or make any demeaning comments towards the court. This incident not only misrepresents the actual proceedings but also undermines the integrity of judicial conduct," Aggarwala said.

The former SCBA president, therefore, requested "the establishment of clear guidelines on the decorum that judges must observe while interacting with advocates".

"These guidelines should emphasise the need for respectful communication and professional behaviour in courtrooms, ensuring that advocates are never publicly berated or disrespected," he said.

The guidelines should ensure that judges refrain from passing unwarranted and demeaning remarks towards advocates and do not record statements contrary to proceedings, he added.

The letter also urged the CJI to set up a redressal committee to address complaints of "unprofessional conduct" by judges.

"This committee should be easily accessible to advocates and provide a transparent process for reviewing such complaints, ensuring that corrective actions are taken when necessary," it said.

Keeping in mind the rising number of virtual hearings in the country, which are often open to scrutiny, Aggarwala's letter proposed the creation of a "monitoring mechanism" by a committee headed by a retired judge of the Supreme Court judge. PTI