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'Precious Time Is Focused on Attending Tribute Functions': All India Bar Association President Writes to CJI

author The Wire Staff
Nov 05, 2024
'Your Lordship’s lack of acknowledgement and proactive steps regarding an issue that has disturbed the legal fraternity across the country raises serious questions about the judiciary’s commitment to fostering a respectful and professional environment.'

New Delhi: In a sharply-worded letter to Chief Justice of India (CJI) D.Y. Chandrachud, Adish Aggarwala, the president of the All India Bar Association (AIBA), has raised concerns about the CJI’s alleged focus on public engagements rather than judicial matters. Aggarwala claims that, as his tenure approaches its end on November 10, Chandrachud has prioritised attending events across the country, sidelining pressing concerns within the judiciary.

“It appears that your precious time is focused on attending tribute functions in different parts of the country during the final stages of your retirement,” Aggarwala wrote in the letter posted on X by journalist Maneesh Chhibber, questioning the CJI’s priorities and suggesting that the judiciary’s responsibilities are being neglected in favour of public appearances.

The letter largely focuses on an incident involving Madras high court judge, Justice R. Subramanian, who allegedly reprimanded senior advocate and Rajya Sabha MP P. Wilson in court after Wilson requested the recusal of Justice Victoria Gowri from a case. Aggarwala claims that Subramanian used “aggressive language and unfounded accusations,” behaviour that he argues exemplifies a broader trend of judicial disrespect toward advocates. The letter also points out that despite multiple representations to the CJI from various bar associations, no action has been taken regarding the judge’s behaviour, which he describes as “disrespect and misconduct” against advocates and litigants.

“Our appeals for rectification and reform regarding the treatment of advocates within courtrooms have been met with silence and inaction from your side. Does this reflect a lack of concern for the welfare of lawyers or an inability to address the significant issues at hand?”

Aggarwala further criticises Chandrachud’s silence on the matter, asserting that the CJI’s focus on “publicity” detracts from addressing courtroom decorum issues.

He writes:

“Your Lordship’s lack of acknowledgement and proactive steps regarding an issue that has disturbed the legal fraternity across the country raises serious questions about the judiciary’s commitment to fostering a respectful and professional environment. Why has no action been taken against the errant judge of the Madras High Court, including transferring him?”

In his letter, Aggarwala calls for urgent action from the CJI in the final days of his term to restore respectful conduct within courtrooms and ensure advocates are treated with dignity and not like “servants.”

This criticism comes as Chandrachud defended Prime Minister Narendra Modi’s much-criticised and publicised visit to his home for a religious ceremony, saying, “there was absolutely nothing wrong” with such social interactions between the judiciary and executive.

Chandrachud also called the criticism he received on his comment that he prayed to god to find a solution ahead of the Ram Janmabhoomi-Babri Masjid title verdict by the Supreme Court as a “problem of social media.”

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