In a significant development at the Calcutta High Court, the Bar Association has taken decisive action following the arrest of Advocate Prosenjit Mukherjee by Justice Abhijit Gangopadhyay. The Association, expressing deep concern and disapproval, has unanimously resolved to boycott Justice Gangopadhyay’s court and has requested Chief Justice TS Sivagnanam to withdraw all judicial work from him. This strong stance comes in the wake of an incident where Justice Gangopadhyay ordered the arrest of Mukherjee directly from the courtroom on charges of contempt of court.
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The incident that led to this unprecedented response occurred during a hearing related to the Madrasa commission. Advocate Mukherjee was observed laughing in the courtroom, which prompted Justice Gangopadhyay to express his displeasure and take immediate action. He reprimanded Mukherjee and sentenced him to two weeks in jail for laughing during the hearing of a widow’s compensation case. Justice Gangopadhyay questioned the appropriateness of such behavior, stating,
“A widow is going door-to-door holding for the past four years and Madrasa’s lawyer laughing in court?”
In addition to the jail sentence, Mukherjee was found guilty of contempt of court, and his robe and gown were removed inside the court.
Despite Mukherjee’s plea for an unconditional apology, Justice Gangopadhyay did not accept it and proceeded to hand the lawyer over to the sheriff. He also ordered the chairman of the Madrasa Service Commission to appear in court the following day.
In response to these events, the Calcutta High Court Bar Association convened an urgent general body meeting. The members felt unanimously violated by Justice Gangopadhyay’s conduct and decided not to enter his courtroom until he apologizes to Mukherjee and the members of the Bar. Biswabrata Basu Mallick, the secretary of the Bar Association, communicated this decision to the Chief Justice. The letter to the Chief Justice highlighted the
“extreme insult meted out to advocate Prosenjit Mukherjee, a member of the association, by the honorable Justice Abhijit Gangopadhyay.”
The Association’s communication to the Chief Justice stated,
“Even without any order, the advocate was taken into custody from the courtroom without giving an opportunity for hearing.”
The members expressed apprehension about similar treatment being extended to any of them, leading to their unanimous decision to boycott Justice Gangopadhyay’s court and request the withdrawal of his judicial work.
This incident and the subsequent actions of the Calcutta High Court Bar Association underscore the tensions between the judiciary and legal practitioners. The resolution and boycott by the Bar Association reflect a collective stand taken by legal professionals against actions perceived as undermining the dignity and rights of their profession. The situation highlights the importance of maintaining decorum, respect, and fair hearing within the legal system, and the role of legal associations in safeguarding these principles.
