Delhi High Court called it “highly deplorable” that a lawyer raised his voice and tried to overawe a trial judge after being denied an adjournment. The Court said “a judge is a judge” at every level and warned that such disrespect cannot be tolerated.
New Delhi: The Delhi High Court recently made it clear that every judge, whether in a trial court or a higher court, deserves equal respect. The Court said this while hearing the case Sandeep Kumar Vs Kaptain Singh Rathi Through LRs, where a lawyer had behaved badly before a trial court judge.
Justice Girish Kathpalia passed the order on November 28 and strongly criticised lawyers who try to pressurise judges when their case has no merit.
The High Court referred to a November 18 trial court order which described the lawyer’s behaviour after he was denied another adjournment in a civil case that has been pending since 2016.
According to the trial court, the lawyer raised his voice and said that he practices in the Supreme Court, where many chances are given to argue “in the interest of justice.”
Even when the trial court later agreed to hear final arguments on the same day, the lawyer is said to have told the judge that he would not argue.
The trial court also noted that a false statement was made about whether the lawyer’s client had reached a settlement.
The High Court strongly objected to such conduct. The Court pointed out that the lawyer continued to speak loudly even after being asked to calm down.
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The Court quoted the trial court observations, saying,
“It is highly deplorable that despite being asked to calm down, learned counsel for petitioner/defendant continued to address in high pitch, stating that he is practicing in Supreme Court. Not just this, when offered passovers so that final arguments could be heard on the same day, learned counsel for petitioner/defendant audaciously stated that he would not argue the case and that the court is free to hear arguments.”
Justice Kathpalia stressed that district court judges cannot be treated in such a disrespectful manner.
The High Court also said it is the responsibility of the higher judiciary to maintain discipline and dignity in the lower courts.
Justice Kathpalia stated,
“In my considered view, the supervisory jurisdiction under Article 227 of the Constitution of India must also include a duty vested in this Court to supervise and ensure that decorum in the District Courts also is not dented in any manner. A judge is a judge, wherever she/he is placed in the judicial hierarchy and cannot be treated in the manner as was done in the present case.”
The Court further highlighted that the advocate failed to justify why he made a false statement before the trial judge.
Because of this behaviour and the lack of any valid grounds in the case, the High Court said that the petition, which challenged the trial court’s order closing the defendant’s chance to lead evidence, did not deserve to be heard.
The Court remarked,
“I do not find it a fit case to even issue notice. Rather, the present petition is completely frivolous and filed with oblique purposes.”
The lawyer told the High Court that he normally speaks loudly and denied refusing to argue before the trial court. But the Court responded,
“But if that was so, it remains unexplained as to why he did not address final arguments on being called upon.”
After this, the lawyer asked to withdraw the petition and expressed regret for his actions. The High Court then dismissed the petition and all related applications as withdrawn.
Case Title:
Sandeep Kumar Vs Kaptain Singh Rathi Through LRs
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