The Allahabad High Court 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.
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UTTAR PRADESH: The Allahabad High Court emphasized that any form of disrespectful behavior by advocates towards judges cannot be tolerated. This reiteration came from a Division Bench comprising Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary, highlighting the critical role of mutual respect in maintaining the integrity of court proceedings.
The Court, while addressing the issue, stated-
“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.”
This firm observation was made in response to a reference from a Civil Judge involving a lawyer, Yogendra Trivedi, who was accused of displaying disrespectful conduct during court proceedings. The incident reportedly involved Trivedi snatching a file from the court staff and making inappropriate remarks against the presiding judge during a trial last year.
He was also accused of using uncalled-for language against the judge, which led to serious concerns regarding professional decorum.
Following these events, the High Court issued a notice to Trivedi, initiating contempt proceedings based on the Civil Judge’s reference. In response, Trivedi initially submitted an unconditional apology. However, both the Civil Judge and the High Court found the apology inadequate, and the case was adjourned, giving the lawyer an opportunity to file a more comprehensive affidavit.
Trivedi eventually submitted another unconditional apology, expressing his remorse.
In his apology, he stated-
“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.”
He appeared before the Court on September 10 and assured that such behavior would not be repeated.
During the hearing, Trivedi’s counsel argued that he was a young lawyer and urged the Court to take a lenient stance. After considering his age and lack of prior misconduct, the Court decided to issue a warning rather than taking stricter action.
The Bench noted-
“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.”
However, the Court did not completely close the door on potential future action. The Court cautioned the lawyer that any further misconduct would not be taken lightly:
“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.”
To ensure the lawyer’s conduct remains satisfactory, the Court directed that a report on Trivedi’s professional behavior 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 concluded.
This case serves as a critical reminder for advocates about the importance of maintaining decorum and respect within the courtroom, as such behavior is fundamental to the smooth functioning of judicial proceedings.
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