Today(on 30th April),Gujarat High Court Chief Justice Agarwal advises advocates against folding hands during proceedings, emphasizing the need to maintain professionalism. The counsel agrees to adhere to the guidance, affirming to uphold courtroom decorum.
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Gujarat: Today(on 30th April), At the Gujarat High Court, Chief Justice Sunita Agarwal made an important observation regarding the conduct of lawyers during court proceedings. Justice Agarwal emphasized that advocates should refrain from folding their hands while arguing their cases before the Court. The Chief Justice’s comments came as she witnessed a young counsel folding his hands during the mentioning of a Public Interest Litigation (PIL) seeking urgent listing.
During the encounter, Justice Agarwal addressed the counsel, stating-
“Mr. Counsel, please refrain from folding your hands. As an advocate, it’s important to actively listen and remember your role. Advocates are expected to vigorously assert the rights of the parties, not fold their hands in court.”
The Chief Justice proceeded to advise the lawyer against ever folding his hands while presenting his arguments, reaffirming the importance of maintaining a professional demeanor in the courtroom.
The lawyer acknowledged the advice, responding-
“I will certainly remember that, Your Lordship.”
This episode highlights a concern regarding the behavior of lawyers in courtrooms. Justice Agarwal’s statement resonates with a similar viewpoint conveyed by Justice PV Kunhikrishnan of the Kerala High Court in a previous instance.
Last year, Justice Kunhikrishnan commented on a litigant who pleaded her case with folded hands and tears in her eyes. The judge emphasized that neither litigants nor lawyers are compelled to present their case with folded hands before a court of law. It is their constitutional right to argue their case in a dignified manner.
Justice Kunhikrishnan further emphasized the significance of maintaining decorum within the court.
He stated-
“In the courtroom, neither litigants nor lawyers are required to present their case with folded hands, as it is their constitutional right to do so. While the court is often referred to as the ‘temple of justice,’ it’s essential to recognize that judges are fulfilling their constitutional duties, not serving as divine entities. Nevertheless, it is imperative for litigants and lawyers to maintain the decorum of the court when presenting their arguments.”
These remarks from both Chief Justice Sunita Agarwal and Justice PV Kunhikrishnan shed light on the expectations and professional conduct required of advocates in the courtroom. Folding hands during arguments is seen as a gesture of supplication or pleading, which may not be appropriate in the context of legal proceedings. The courtroom is a place where legal rights and disputes are addressed, and it is essential for advocates to represent their clients’ interests with assertiveness and professionalism.
By advising against the act of folding hands, the justices aim to maintain the decorum and seriousness of the court proceedings. They remind advocates that their role is to advocate for the rights of their clients and present their arguments in a compelling and persuasive manner. This requires confidence, clarity, and an unwavering commitment to the principles of justice.
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The directives articulated by Chief Justice Sunita Agarwal and Justice PV Kunhikrishnan act as prompts for advocates to comport themselves in a manner that respects the solemnity of the courtroom. Despite being dubbed the “temple of justice,” it’s imperative to recognize that the judges overseeing proceedings are not divine beings but rather public servants executing their constitutional obligations. Hence, it falls upon litigants and lawyers to accord the court due reverence and maintain its decorum when presenting their cases.