Lawyer's outcry of "injustice" in open court prompts Madras High Court to recall dictated order, give another opportunity to present case

Proceedings before the Madras High Court Bench of Justices N Kirubakaran and B Pugalendhi took a dramatic turn on Friday morning when the pronouncement of a judgment listed on the top of the list triggered cries of injustice in open (virtual) court. .The Court's decision to allow an appeal, prompted the counsel appearing for the respondent to declare that "injustice has been done" to her client and that she had not been heard before the judgment was reserved. .Taken aback, the Court asked the lawyer,"If you have not been heard in the matter, why did you keep quiet when the matter was reserved? ... If you had said before pronouncement, that I have not been here, then it will have some meaning. After the judgment goes against you, you make all these allegations?".“With great respect, I didn’t expect this much from your Lordship”, the advocate responded. .She added that since the appellant had not argued the matter and it was posted for the pronouncement of judgment, it can only be assumed that the appeal would be dismissed. .While the Bench initially dictated only an extract of the order, the lawyer's comments prompted the Court to read out the judgment in full, in which the lawyer's submissions were also recorded. .The case concerned a challenge to the release of money in favour of a suspended pujari's wife, who was allowed to perform puja by way of interim relief in 2018. The wife was earlier directed to reimburse the money paid, if the respondents were to succeed in the case..During the course of the hearing today, the lawyer informed the Court that the pujari's suspension has since been quashed and that there were mistakes and subsequent developments to be pointed out to the High Court. She added that the permission to perform the puja was not challenged in Court. .Justice Pugalendhi, who read out the full judgment, responded that the interim relief was granted even without there being any prayer made for the same..The lawyer persisted, adding that she is prepared to file a statement of apology if the case still went against her client.."For your statement, apology is not enough", Justice Kirubakaran orally observed.."There are other proceedings we are contemplating. Having waited for the court to pronounce the order… You are a senior member of the bar, what is the impression you are giving?" he added. .All the same, the Bench proceeded to allow the counsel one more opportunity on Monday afternoon, to present her case, since she had submitted that she was not present in Court when the matter was reserved for orders. ."Although the outcry of the counsel for the respondents amounts to contempt of court ... taking into consideration that she is having a grievance ... this court will provide an opportunity to her", the Court said..The judges recalled the order pronounced this morning, observing that it has not been signed yet. .The Court also recorded the morning's events in the order, observing that the counsel's outcry of injustice was made after the pronouncement of judgment on knowing that the matter has gone against the respondents. Given the oral submissions made today, the Bench further recorded that the lawyer was under the impression the appeal would be dismissed..The Court added that being a senior member of the Bar, the lawyer ought not to have stooped to this level of making allegations, whatever be the result of the proceedings. ."We are pained .. this will send a wrong message to juniors who are watching the proceedings," the Court said. .Justice Kirubakaran orally added, in the midst of dictating the order, "For the sake of client, people would go to any extent, that is the moral.".Read the order: