'Deeply Disturbing': Bar Council of India Writes to CJI Over Andhra Judge Ordering Police Custody For Young Lawyer
New Delhi: The Bar Council of India (BCI) has written to the Chief Justice of India (CJI) over a now-recalled order wherein a judge of the Andhra Pradesh high court ordered 24-hours police custody of an advocate after he failed to produce an order copy during the proceedings, reported LiveLaw.
Terming the high court’s order as “deeply disturbing”, in the letter to the CJI seeking urgent intervention, BCI chairman and senior advocate Manan Kumar Mishra said it had caused serious concern within the legal fraternity.
The BCI has urged the CJI to consider some of the appropriate administrative measures in the matter, including withdrawal of judicial work pending review, the judge's immediate transfer to some far off high court, and his nomination for appropriate judicial training on court management, judicial temperament, etc.
The LiveLaw report added that a video clip of Justice T. Rajasekhar Rao rebuking the young lawyer and threatening him with police custody has emerged on the social media.
The BCI has referred to the icidnet and said that despite repeatedly seeking pardon before the court, the young advocate was directed to be taken into judicial custody.
“The dignity of the court is not enhanced when a lawyer is made to beg for grace in open Court and is still sent to custody for a procedural lapse,” says the letter.
The BCI also said that the incident raises “grave questions of judicial temperament, proportionality, fairness, and the dignity of the Bar.”
The letter added that while advocates can be corrected or proceeded against by following due course of the law, sending a young lawyer to custody for a procedural lapse appeared to be prima facie "grossly inappropriate".
The BCI letter highlighted that the relationship between the bench and the bar is founded on mutual respect. It also warned that incidents of this nature could have a “chilling effect” on young lawyers.
Urging the CJI to take immediate cognisance of the issue, the BCI has requested him to call for the video recording of the proceedings and examine the surrounding circumstances.
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