Today(on 12th April), during the proceedings at the Calcutta High Court on April 12th, Justices Joymala Bagchi and Gaurang Kanth admonished a junior advocate for appearing before the bench without the necessary case files, escalating scrutiny and placing the young advocate in a challenging predicament.
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KOLKATA: At the Calcutta High Court, During the hearing today(on 12th April), Justices Joymala Bagchi and Gaurang Kanth criticized a junior advocate for attending the bench without the required case files. The proceedings unfolded with intense scrutiny, placing the young advocate in a challenging position.
The junior advocate, appearing for a bail matter, encountered a challenging situation when Justice Bagchi inquired about the duration of the petitioner’s custody. A moment of silence followed, punctuating the courtroom’s atmosphere, until the prosecution lawyer intervened to disclose that the individual had been in custody for 20 days. This revelation set the stage for a deeper inquiry by Justice Bagchi concerning the whereabouts of the advocate’s case brief.
Caught in a predicament, the junior advocate admitted-
“Your Honor, I haven’t received the case details yet. My senior…”
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This admission prompted Justice Bagchi to inquire further, asking-
“Who is responsible for providing you with the case details?”
Attempting to navigate the situation, the junior advocate pleaded, “Please hear this at 2 pm.” However, Justice Bagchi’s response underscored the seriousness of the situation, stating firmly-
“We won’t schedule anything! You’re here without documents! As a junior, isn’t it your duty to review the case file? Where are the documents?”
The junior advocate’s repeated mentions that the case file was with her senior did little to mitigate the situation.
Justice Bagchi questioned the logic behind the absence of the file, emphasizing that it was the advocate’s responsibility to be in possession of the necessary documents-
“Why does your senior have the file? If your senior is sending you to represent in court, why aren’t you provided with the files? They should be in your possession!”
Justice Bagchi delivered a poignant critique in response to the junior advocate’s subsequent apology, emphasizing the broader consequences of unpreparedness.
Justice Bagchi suggested-
“Instead of merely apologizing, write a letter to your client – both you and your senior. Explain that although the judge was inclined to grant bail, due to our lack of preparation, bail was not granted today. Moving forward, never attend court seeking adjournments without proper documentation. By doing so, you presume that adjournments will always be granted, which is not the case. What’s the use of apologizing? We, the judges, are not the ones in jail. It’s likely that someone who trusted your senior is in jail. The trust placed in your senior and you is being betrayed here. This is a crucial lesson for you as a junior – never betray a client’s trust. Always be prepared. You spent five years in law school; was it to seek adjournments? Inform your senior that if they’re sending you to seek adjournments, provide the necessary documents so you’re at least prepared with the facts. Don’t reduce yourself to the role of an adjournment lawyer. Have some self-respect. When you begin respecting yourself, others will respect you too. Otherwise, no one will.”
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The bench went ahead to grant bail to the accused, not before imparting a vital lesson on professionalism and the ethos of legal practice to the junior advocate.
