Today (16 Feb 2024), the Kerala High Court Advocates Association (KHCAA) penned a strongly worded letter to Kerala High Court Chief Justice AJ Desai, expressing discontent with the behavior of Justice A Badharudeen towards the Bar. Until the recording of all court proceedings is universally implemented, the association recommended its members to personally record court hearings.
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The Kerala High Court Advocates Association (KHCAA) has voiced its concerns over what it perceives as insensitive treatment of lawyers by Justice A. Badharudeen. The association’s grievances were formally presented in a letter to the Chief Justice, sparked by an incident involving advocate Namboodiri, who alleged that Justice Badharudeen refused to adjourn his case despite a legitimate health concern.
The incident that triggered the KHCAA’s letter involved Advocate Namboodiri’s request for an adjournment due to a doctor’s appointment for a serious back injury, a request that was reportedly denied by Justice Badharudeen. This refusal has not only angered the advocate involved but has also led to widespread indignation within the bar. The KHCAA, in its communication, emphasized that the legal fraternity has always shown flexibility and understanding towards the judiciary, especially when judges have requested to conduct hearings in their chambers due to health issues.
The letter from the KHCAA did not stop at recounting the incident with Advocate Namboodiri. It also highlighted a pattern of behavior that raised concerns about the fairness and transparency of court proceedings under Justice Badharudeen. Specifically, the association pointed out an occasion where Justice Badharudeen issued supplementary lists at 10:30 am, well after the court session had commenced at 10:15 am. This last-minute scheduling left advocates unprepared and unaware, leading to the dismissal of several cases due to “no representation.”
This practice, particularly noted during sessions when Justice Badharudeen was assigned bail matters, has prompted the KHCAA to call for a significant reform in the interest of justice and transparency: the video recording of all court proceedings. Such a measure, the association argues, would not only ensure accountability but also safeguard the rights of all parties involved, including those of the legal practitioners who represent the cornerstone of the judicial process.
The call for video recording in courtrooms is not new but gains special significance in light of the recent complaints against Justice Badharudeen. It reflects a growing demand within the legal community for mechanisms that enhance the transparency and integrity of judicial proceedings. As the judiciary contemplates this proposal, the incident serves as a reminder of the delicate balance between the administration of justice and the mutual respect and understanding that must underpin the interactions between the bench and the bar.
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As the legal community awaits a response from the Chief Justice, the situation underscores the ongoing dialogue about the need for reforms that not only address the conduct of individuals within the judiciary but also enhance procedural fairness and transparency. The outcome of this dialogue could have far-reaching implications for the practice of law and the administration of justice in Kerala.
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