Chief Justice Sunita Agarwal vs Advocate Brijesh J Trivedi | ‘Overspeaking Judge’: Bar President Criticized Conduct of CJ in Fiery Clash

A dramatic exchange unfolded in the Gujarat High Court as Advocate Brijesh J. Trivedi, President of the High Court Advocates’ Association, criticized Chief Justice Sunita Agarwal for allegedly interrupting and not allowing lawyers to complete arguments. Referring to a quote about “overspeaking judges,” Trivedi accused the Chief Justice of inappropriate courtroom conduct, sparking a tense standoff during a PIL hearing.

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Chief Justice Sunita Agarwal vs Advocate Brijesh J Trivedi | 'Overspeaking Judge': Bar President Criticized Conduct of CJ in Fiery Clash

Ahmedabad: The Gujarat High Court became the center of a tense exchange of words between Chief Justice Sunita Agarwal and Advocate Brijesh J. Trivedi, who also serves as the President of the High Court Advocates’ Association.

Advocate Trivedi openly criticized the behavior of the Chief Justice during court proceedings, alleging that she frequently interrupts and does not allow lawyers, including Senior Advocates, to finish their arguments.

Referring to a past remark, Trivedi alluded to a quote by Lord Francis Bacon about “overspeaking judges.” He remarked,

“It is other way round happening time and again, every senior advocate, advocate of the Court have been very kind enough to tolerate this. I had in the 2023 year used a nice quotation of Lord Francis Bacon. I don’t want to repeat it. I hope your ladyship remembers that…. I am not a judge, it is about an overspeaking judge.”

The incident occurred during the hearing of a Public Interest Litigation (PIL) about illegal constructions, presided over by a Bench comprising Chief Justice Agarwal and Justice Pranav Trivedi. Advocate Trivedi, who represented the petitioner, expressed his concerns about the manner in which the Chief Justice was conducting the proceedings.

At one point, Justice Agarwal interjected to address the counsel, saying,

“Mr. Counsel, please let me complete. I was making some statement. I was asking you something, you did not allow to complete my question.”

She emphasized the importance of letting the court finish its questions before a response.

Responding to the Chief Justice, Trivedi said,

“When one can get the question. No issues, your ladyship may put.”

However, when Justice Agarwal insisted on the need for the counsel to let the court speak, Trivedi replied,

“I think it is the same way I can say from here but no issues. I don’t want to join issues.”

Trivedi urged the court to allow him to complete his sentence, stating,

“I think this is not the manner in which the Court is supposed to decide a pending matter … permit me to complete my sentence. I understood the question. It was my mistake to have understood the question beforehand and I am sorry for that.”

As the arguments continued, Justice Agarwal leaned back in her chair, looking upwards, prompting Trivedi to observe this behavior and suggest that the case be reassigned to another Bench.

Chief Justice Sunita Agarwal vs Advocate Brijesh J Trivedi | 'Overspeaking Judge': Bar President Criticized Conduct of CJ in Fiery Clash

He remarked,

“This is the manner in which your ladyship wants to listen without even permitting the advocates to speak, that is enough, your ladyship may leave the matter, place it before another appropriate bench. This is not the manner in which your ladyship should behave, looking somewhere else. My request is to release the matter.”

Advocate Trivedi then requested an adjournment of two weeks, saying,

“Your ladyship is looking somewhere at the sky, this has never happened in this Hon’ble Court in 65 years. My request is to keep it after two weeks.”

Despite efforts by another lawyer to calm him, Trivedi persisted in his request for a two-week adjournment, which was opposed by the opposing counsel. Justice Agarwal eventually addressed the situation, stating,

“The Bench is not going to permit creating a scene in the courtroom.”

To this, Trivedi replied,

“I am not creating a scene, it is the other way round, with utmost respect.”

At one point, Chief Justice Agarwal, while looking at Trivedi, warned,

“Please don’t raise finger towards the Court.”

Trivedi denied any such action, responding,

“I am not raising, where is the question of raising finger to Court.”

The Chief Justice stressed that such behavior was inappropriate for a courtroom.

As the situation escalated, Trivedi remarked,

“Video will remain, this is not expected of Hon’ble court… after viewing the video as to how your ladyship has been behaving in the courtroom.”

Following this, he left the courtroom but briefly returned, accusing the Chief Justice of being an “overspeaking judge,” a trait he claimed all lawyers had been “tolerating.”

After making this statement, Advocate Trivedi exited the courtroom once again, leaving behind an atmosphere of tension and unresolved contention.

Click Here to Read Previous Reports on Chief Justice Sunita Agarwal

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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