To resolve the matter, Chief Justice Jamdar met with several stakeholders over the weekend. He spoke to senior judges, Senior Advocate George Poonthottam (who had initially called for KHCAA’s action), advocate Saritha Thomas, and other lawyers. He also discussed the issue with Justice Badharudeen to understand his perspective.
Kerala: Kerala High Court Chief Justice Nitin M Jamdar has stepped in to resolve a conflict between the Bar and Justice A Badharudeen. The dispute arose due to concerns over the way Justice Badharudeen interacted with lawyers in his court.
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The latest issue happened on March 6, when advocate Saritha Thomas appeared in court. She asked for more time to change vakalath because her husband, advocate Alex M Scaria, had passed away in January. Justice Badharudeen allegedly responded harshly, causing Thomas to break down in tears.
Following this, the Kerala High Court Advocates’ Association (KHCAA) decided to boycott his court. KHCAA rejected Justice Badharudeen’s offer to apologize privately in his chambers. Instead, they demanded an open court apology, writing to Chief Justice Jamdar to intervene.
To resolve the matter, Chief Justice Jamdar met with several stakeholders over the weekend. He spoke to senior judges, Senior Advocate George Poonthottam (who had initially called for KHCAA’s action), advocate Saritha Thomas, and other lawyers. He also discussed the issue with Justice Badharudeen to understand his perspective.
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According to sources, Justice Badharudeen was not aware that Scaria had passed away or that Thomas was his widow.
“Thomas allegedly remained silent to a question on who had filed the previous vakalath and at no point did anyone else involved with the case inform him that she was the widow of the recently deceased lawyer.”
Justice Badharudeen reportedly believes that had he known about her situation, he would have been more considerate.
“The incident occurred because the Court was not told that Scaria had passed away, sources said.”
KHCAA President Yeshwanth Shenoy was not present at the Chief Justice’s meeting over the weekend. The Bar’s final decision will be made during the KHCAA general body meeting scheduled for 1 PM on Monday, March 10. Until then, it is unclear whether Justice Badharudeen will preside over court in the morning session, as the lawyers have not officially called off their boycott.
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Even if this matter is resolved, KHCAA may continue protesting against Justice Badharudeen.
“The Association has stated on various occasions that it has received many complaints from advocates regarding Justice Badharudeen’s conduct in Court.”
However, KHCAA had also mentioned in its letter to the Chief Justice that if the judge delivers an apology in open court, they would accept it and move on.
“In its letter to Chief Justice Jamdar, KHCAA had stated that the Bar will accept any apology from the judge delivered in open court and move on from the issue.”
