From Our Legal Correspondent
Thiruvanathapuram: Does any judicial officer have the liberty to insult an advocate? The judge delivers justice and the advocate helps the Court to deliver justice. That’s why the judge is called the jury and the advocate is called the officer of the court. For anyone, court is seen as the final destination for justice. For delivery of justice in its true sense the Bar and Bench (perceived as the wheels of the justice chariot) need to play complementary and contributory roles. Both the Bar and Bench have to be reasonably cordial and seriously committed.
In recent times incidents of unsavory behavior from judicial officers are on the rise. The latest example is that of a senior judge of Thiruvanathapuram District Court who rebuked a senior defense counsel in open court ‘for no fault of the advocate’. According to Advocate Mridul who was the defense counsel for an accused charged under IPC 302, “the judge in question was unreasonably arrogant and offensive” towards him for “an absurdity the judge himself did.”
Narrating the incident the Counsel said “Myself and my colleague Dileep Sathyan were in the court on Friday (22 July 2022) presenting our case. During the proceedings the Bench accused us for missing a vital document from the file. In fact while submitting the bunch of evidence (21 documents) to the court we had repeatedly ascertained that the said document (a photograph) was with the court. But the Bench insisted that we were responsible for the missing document and threatened to file an FIR against. However, the missing document was traced from another file which was with the judge in his chamber. But the Bench never preferred to say sorry for his fault and irresponsible outbursts. Instead the judge said that the Attukal Amma (a local Hindu deity) saved us from the impending threat.”
The advocates of the Trivandrum Bar Association, had strongly protested the “irresponsible and unruly manners” of the senior judicial officer towards senior advocates and declared indefinite boycott of the Judge “ till proper action is taken”. Reproving the “egotistical” nature of the Judge towards senior counsels the Bar Association Secretary Advocate Prijice Fasil said “we are officers of the court and we demand equal, if not more, respect from the Bench. We as advocates are not subordinates of the Bench. We are here to help the court to deliver justice in every sense. Disrespectful approach from any quarters will not be tolerated.” Fasil said that the association has already written to the High Court and received an assurance for suitable action.
According to a reliable source “the judge in question has gone on indefinite leave and he has been transferred to a less important position.” But the Bar Association is demanding “stringent action” against the erring judicial officer. Affirming their preparedness for a fight to the finish Fasil said “we cannot be silent spectators to boisterous behavior from the Bench. We consider the legal profession noble in every sense. No compromise on its dignity and decorum.”
