A Tribune report indicates that the Punjab & Haryana High Court has about 16 judges whose relatives practice in the same court, and at times, appear before the same Bench. The Chief Justice of the High Court, Justice Mukul Mudgal [pictured] has forwarded a list to the Ministry of Law & Justice. 

Earlier this year, the ministry had sought the high courts to identify and furnish a list of all judges who have their kith and kin practising in the same court. The ministry’s demand was backed by the 230^th report of the Law Commission available here, which reads, “There are occasions, when advocate judges either settle their scores with the advocates, who have practised with them, or have soft corner for them. In any case, this affects their impartiality and justice is the loser.” The report concludes, “In any case, the judges, whose kith and kin are practising in a High Court, should not be posted in the same High Court. This will eliminate ‘Uncle Judges’.”

The Tribune report suggests that the relatives of the judges including their sons, daughters, nephews and others have been appearing before the same Bench. The judges, whose names have been forwarded to the ministry, constitute nearly 35 percent of the 47 judge strong High Court.

In an interview with the same daily, Minister of Law, Veerappa Moily had sought the judges to undertake at the time of their elevation that they would not function in a court where their relatives were practising.

We are bound to see more such lists being forwarded if the high courts are in the process of producing such lists. Even the lawyers might be in trouble for violation of Rule 6 of the Standards of Professional Conduct and Etiquette under the Bar Council of India Rules. Rule 6 requires “advocates not to enter appearance, act, plead or practice in any way before a Court, Tribunal or Authority if any member thereof is related to the advocate”.

The judges whose names are being forwarded are; Justice Adarsh Kumar Goel, Justice Ashutosh Mohunta, Justice M.M. Kumar, Justice S.K. Mittal, Justice Hemant Gupta, Justice V.K. Sharma, Justice TPS Mann, Justice Mahesh Grover, Justice S.D Anand, Justice K.C Puri, Justice K.S. Ahluwalia, Justice Sabina, Justice Jora Singh, Justice M.S. Sullar, Justice Gurdev Singh and Justice Harbans Lal.

This is not the first time there have been reports of 'Uncle Judges'. In 2003, Bar Council of India forwarded a list of 18 Delhi High Court, 5 Bombay High Court and 7 Rajasthan High Court Judges, whose kith and kin were practicing before the respective High Courts.

However, in light of the fact that there are no penal provisions in the rules framed by the Bar Council of India on the Standards of Professional Conduct and Etiquette, one might only see the Bar Council raise an admonishing finger towards the lawyers.