Discourteous behaviour by lawyers cannot be tolerated: Allahabad High Court

The Allahabad High Court recently observed that instances of advocates showing discourteous behaviour towards the judges cannot be tolerated.

Lawyers are expected to refrain from using intemperate language against judges, added the Division Bench of Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary.

“Instances of the kind in which the advocates show discourteous behaviour towards the Presiding Judge cannot be tolerated. The Judges can function only in [a] cordial atmosphere. Being an Officer of court an Advocate cannot be expected to be either discourteous to the Judge or use intemperate language against the Presiding Officer,” the Court's September 10 order said.

The Court made the comment while dealing with the reference made by a Civil Judge against a lawyer named Yogendra Trivedi.

Trivedi had allegedly snatched a file from the court staff and made comments against the trial judge during a court proceeding which took place last year. Trivedi was also accused of making uncalled-for comments against the judge.

He later submitted an unconditional apology, after the High Court issued a notice to him in contempt of court proceedings initiated on the basis of the Civil Judge’s reference.

However, neither the High Court nor the Civil Judge was satisfied with the apology. The matter was then adjourned to allow the lawyer to file a better affidavit. 

Trivedi then tendered another unconditional apology.

“That deponent with the sense of remorse and repentance from the core of his heart tender unconditional apology … before your goodself which may kind(ly) be accepted in the interest of justice,” Trivedi told the Court.

During the hearing of the matter on September 10, Trivedi was present before the Court and submitted that he would never repeat such an act of insubordination.

His counsel said that he is a young lawyer and urged the Court to take a lenient view. The Court acceded to the request but also issued a warning to the lawyer for the future.

“We were inclined to take a more serious view in the matter, but considering the fact that contemnor is a young advocate and there has been no previous allegation of such conduct on his part, we drop the present proceedings by issuing him a strict warning. We, however, make it clear that in the event any such undesirable act on part of the contemnor is brought to our notice this Court shall proceed to revive the proceedings of instant contempt and take serious view in the matter," the Court said.

The Court further called for a report to be submitted on whether the lawyer's conduct remains satisfactory.

This report is to be submitted by the concerned district judge to the High Court's registry after two years.

“Subject to the above observations, the proceedings of present contempt are consigned to records,” the Court ordered.

Advocate Sharad Kumar Srivastava represented the contemnor.

[Read Order]