The Kerala High Court Advocates’ Association decided to demand the transfer of Justice A Badharudeen over certain concerns. Sources indicate that the association is also moving to suspend Senior Advocate Poonthottam. The decision ignited discussions within the legal community. Further developments on the matter are awaited.
The Kerala High Court Advocates’ Association (KHCAA) has resolved to demand the transfer of Justice A. Badharudeen from Kerala due to concerns regarding his interactions with lawyers in his courtroom.
The latest incident occurred on March 6, when advocate Saritha Thomas requested additional time to change vakalath following the death of her husband, advocate Alex M. Scaria, in January. Justice Badharudeen allegedly responded in a disrespectful manner, leaving Thomas in tears.
On Friday, the KHCAA declined Justice Badharudeen’s offer to apologize privately and instead boycotted his court. The association also sent a letter to the Chief Justice, asking for a public apology from Justice Badharudeen.
Over the weekend, the Chief Justice held discussions with various stakeholders, including senior judges, Senior Advocate George Poonthottam who had initially called for action from the KHCAA and advocate Saritha Thomas, along with other lawyers.
Following these discussions, Thomas wrote to the KHCAA, asking them to reconsider any further actions regarding the issue. In her letter, she noted that Justice Badharudeen had expressed sincere regret in the presence of the Chief Justice, Justice A. Muhammed Mustaque, and Senior Advocate Poonthottam.
However, KHCAA President Yeshwanth Shenoy was absent from the meeting with the Chief Justice, reportedly due to not being invited. In a letter to KHCAA members, Shenoy expressed his disapproval of the meeting and its outcomes, and informed members that the general body meeting scheduled for 1 PM on Monday would be moved to 9:45 AM.
As court proceedings resumed in Justice Badharudeen’s courtroom on Monday, the KHCAA planned to pass a resolution later that day requesting his transfer. They also reiterated their demand for mandatory recording of court proceedings to address inappropriate conduct by judges or lawyers.
Additionally, sources indicated that the KHCAA intends to take steps to suspend Senior Advocate Poonthottam for discussing the matter with the Chief Justice without KHCAA’s approval, although no official notice has been issued to him yet.
The KHCAA has officially adopted the resolution, which is outlined in a notice as follows:
- The boycott of Justice Badharudeen’s court, which began on Friday, has been lifted.
- The KHCAA will send a letter to the Chief Justice of India requesting the transfer of Justice Badharudeen.
- The association will suspend Senior Advocate George Poonthottam and initiate disciplinary action against him.
- The KHCAA will demand mandatory video recording of court proceedings and may resort to complete court boycotts if this request is not fulfilled.
The Kerala High Court facing tensions between Justice A Badharudeen and the Kerala High Court Advocates’ Association (KHCAA) over allegations of inappropriate behavior towards lawyers. On March 6, 2024, a woman lawyer, who recently lost her husband, sought more time to change the vakalath. Justice Badharudeen’s response was seen as insensitive, leading to protests from the legal community.
Senior Advocate George Poonthottam and other lawyers demanded a public apology, but Justice Badharudeen only offered a private apology, which the lawyers refused. As a result, KHCAA members decided to boycott his court. Chief Justice Nitin Jamdar assured the lawyers that he would address the issue.
This is not the first complaint against Justice Badharudeen. In February 2023, KHCAA and the Bar Council of Kerala accused him of harsh behavior toward lawyers. The ongoing conflict raises concerns about judicial conduct and the judge-lawyer relationship in the Kerala High Court.
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