The President of the All India Bar Association (AIBA) approached the Chief Justice of India (CJI), seeking the issuance of guidelines on maintaining judicial decorum. This request highlights concerns over the conduct and behavior in courtrooms, emphasizing the need for uniform standards. The AIBA President urged the CJI to ensure that both judges and lawyers adhere to proper courtroom etiquette.
New Delhi: Former Supreme Court Bar Association (SCBA) president and senior lawyer Adish Aggarwala has written to Chief Justice of India DY Chandrachud, urging the establishment of guidelines on maintaining decorum for judges when interacting with lawyers during judicial proceedings.
Aggarwala, who also serves as the president of the All India Bar Association (AIBA), proposed the creation of a “monitoring mechanism” overseen by a committee led by a retired Supreme Court judge.
In his letter dated October 7, Aggarwala referred to a recent incident involving a senior judge of the Madurai Bench of the Madras High Court and senior advocate P Wilson during a virtual hearing.
He claimed that the senior lawyer raising concerns about a potential conflict of interest involving one of the judges on the bench.
The letter further stated,
“The high court judge was seen shouting and using inappropriate language during the virtual proceedings directed at senior advocate P Wilson and the Advocate on Record.”
Adish Aggarwala, in his letter to Chief Justice DY Chandrachud, stated,
“Despite the senior advocate’s clear intent to merely highlight a potential conflict of interest without seeking the recusal of the junior judge, the senior judge responded with aggression.”
Aggarwala further claimed that the judge “berated” the advocates, even though senior advocate P Wilson repeatedly and politely clarified his stance. In an attempt to defuse the situation, Wilson even offered an apology.
Aggarwala’s letter said,
“The bench, in its apparent anger, went so far as to record a statement alleging that the senior advocate made remarks demeaning the court, which were, in fact, never uttered. This misrepresentation has serious implications for the judiciary, as it sets a dangerous precedent,”
The court order suggested that Wilson sought the recusal of “the junior judge” and, in doing so, allegedly disrespected the court.
However, Aggarwala pointed out,
“The circulated video of the proceedings clearly shows that the senior advocate was simply fulfilling his duty as an officer of the court by pointing out a potential conflict of interest. At no point did he request the judge’s recusal or make any demeaning remarks toward the court.”
Aggarwala concluded by requesting “the establishment of clear guidelines on the decorum judges must observe while interacting with advocates.”
Adish Aggarwala, in his letter to Chief Justice DY Chandrachud, emphasized the need for guidelines to promote “respectful communication and professional behaviour in courtrooms, ensuring that advocates are never publicly berated or disrespected.”
He further stated that,
“The guidelines should ensure judges refrain from passing unwarranted and demeaning remarks toward advocates and avoid recording statements that misrepresent the proceedings.”
Aggarwala also urged the CJI to establish a redressal committee to handle complaints regarding “unprofessional conduct” by judges.
The letter said,
“This committee should be easily accessible to advocates and provide a transparent process for reviewing such complaints, ensuring that corrective actions are taken when necessary,”
Noting the increase in virtual hearings, which are subject to public scrutiny, Aggarwala proposed the creation of a “monitoring mechanism” overseen by a committee led by a retired Supreme Court judge.
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