BCI urges CJI to take action against Andhra HC judge for sending young lawyer to 24-hour custody
New Delhi (PTI): The Bar Council of India on Wednesday sought the urgent intervention of Chief Justice of India Surya Kant following a "deeply disturbing" incident where a judge of the Andhra Pradesh High Court reportedly sent a young advocate to
24-hour judicial custody over a procedural lapse.
The Bar Council of India (BCI) Chairperson and senior advocate Manan Kumar Mishra, in a formal representation, termed the conduct of Justice Tarlada Rajasekhar Rao "grossly inappropriate" and "damaging to the confidence of the Bar".
“I most respectfully request your Lordship to kindly take immediate institutional cognizance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances.
“I further request that appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, Bar-Bench relations, and proportional exercise of contempt/judicial authority,” Mishra wrote.
This representation is made to preserve the “dignity, moral authority and public confidence of the judiciary”, he said, adding, “Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility”.
The communication urged the CJI to intervene at the earliest to ensure that the faith of Bar, particularly young advocates, in the protective and corrective role of the judiciary is restored.
The controversy stems from proceedings on May 5.
According to the BCI, a video circulating online shows Justice Rao rebuking a young advocate who was unable to produce a specific order copy during a hearing.
The letter said that despite the advocate "repeatedly seeking pardon and mercy" and claiming he was in physical pain, the judge remained "unmoved".
The judge allegedly told the lawyer, "now you will learn," and mocked his experience before directing the Registrar and police personnel to take him into custody for 24 hours.
The BCI chairperson said that the judge’s actions lacked proportionality and fairness.
"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," the letter said.
"A young lawyer... is an officer of the Court, still learning, still growing, and entitled to correction without humiliation," it added.
The bar body said that such actions create a "chilling effect" on the legal fraternity, particularly among junior members, and undermine the mutual respect required between the Bench and the Bar.
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Social media campaigns, flexboards won't decide who will be Kerala CM: Chennithala
New Delhi/Thiruvananthapuram (PTI): Senior Congress leader Ramesh Chennithala, a CM hopeful, on Wednesday said that social media campaigns and putting up of flexboards wiill not be the deciding factors for selecting the chief minister of Kerala.
Chennithala made the remark in response to reporters queries in Delhi on the intense social media campaign in favour of V D Satheesan as CM on the ground that he led the UDF poll campaign from the front.
"Who should be CM is not decided based on social media campaigns or the flexboards put up by the supporters. It is decided by the high command in accordance with the procedure already in place.
"As part of that two party observers will reach Kerala by evening and they will speak to all the MLAs. After that, the party high command will take a decision," the senior Congress leader said.
He said that the high command will take the decision based on party interests and everyone will accept it.
Chennithala also rejected queries about whether the alleged contest within the party for the CM post will create any displeasure among the voters.
"There will be no displeasure among voters as there is no contest," he contended.
On whether there was a delay in announcing the CM for Kerala, Chennithala said that the chief minister has not been selected in the other state where polls were held.
"So, can it be said that there is a delay in the case of Kerala?" he asked.
He said that he was in Delhi for a meeting with Rahul Gandhi regarding finalisation of the DCC presidents in Maharashtra.
