The Bar Council of India (BCI) has urged Chief Justice of India (CJI) DY Chandrachud to act on the growing incidents of mistreatment of advocates by judges during court proceedings.
A letter signed by BCI Chairman and Senior Advocate Manan Kumar Mishra suggests that one of the ways to address inappropriate judicial conduct is psychological training and orientation programs. It states that periodic evaluation of judges' mental health can help prevent instances of judicial misconduct.
"By regularly evaluating their mental health, the judiciary can identify early signs of burnout, stress, or other issues that could affect their conduct in court. The results of these evaluations should be kept confidential and specially formed committee for review, ensuring that any necessary interventions are carried out discreetly and effectively."
The letter specifically highlighted the recent face-off at the Madras High Court where Justice R Subramanian was reportedly seen reprimanding Senior Advocate P Wilson during a hearing.
The letter states that when Wilson was attempting to highlight a potential conflict of interest in a case, Justice Subramanian responded harshly, using inappropriate language and reprimanding both Wilson and another counsel present at the court.
"The Senior Advocate, with great courtesy, repeatedly clarified his position and even offered an apology to de-escalate the situation, but Hon'ble Justice Subramanian continued to berate the advocates. The Senior Judge went so far as to accuse the counsel on record of unethical conduct, which was entirely unfounded," the letter says.
It went on to state that Justice Subramanian's Bench falsely recorded in its order that Wilson made irresponsible comments toward the Court, though no such comments were made. The letter warns that such incorrect and potentially malicious records could discourage legal professionals from fulfilling their duties, as they may fear unjust treatment in the future.
This incident highlights the urgent need for reforms on managing courtroom decorum and interactions between advocates and the judiciary to ensure that "no advocate - no matter their level of experience - is subjected to public rebuke, humiliation, or intimidation while carrying out their duties," the BCI has said.
Moreover, it states that though judges have certain legal immunities under the Judges (Protection) Act, 1985 for actions taken in the course of their judicial duties, the same does not protect judges when they make observations or comments that extend beyond the scope of the pleadings or judicial proceedings.
The letter further states that the increase in inappropriate judicial conduct highlights the need for a clear, enforceable code of conduct for judges to ensure that judges interact with advocates, litigants and court staff in a respectful and professional manner.
It further suggests formation of a committee comprising retired judges, which could ensure that judges who exhibit signs of stress or misconduct receive appropriate support, training, or counselling.
[Read Letter]