Advocate abuses judge in Rajasthan High Court bail hearing, judge asks Bar Council to punish him instead of hauling him up for contempt

The Rajasthan High Court has condemned the behaviour of an advocate, who abused the court during a hearing, and has left it to the Bar Council of Rajasthan to take action against the lawyer.

On Friday, the bench of Justice Devendra Kachhwaha was hearing a bail application and advocate Ramawatar Singh Choudhary appeared on behalf of the accused. During the hearing of the bail application, it was brought to the High Court’s notice that two other similar cases are also pending against the accused and the investigation in the present matter has not been completed.

Therefore, looking at the facts and circumstances of the case, the gravity of the offence as well as the criminal antecedents of the accused, the Court said that, at present, the accused is not entitled to be released on bail and therefore, an option was given to the counsel for the petitioner either to get the matter adjourned or withdraw the bail application with the liberty to renew the prayer after filing of the charge sheet. 

At this juncture, the petitioner’s counsel Ramawatar Singh Choudhary started making inappropriate comments upon the High Court. “His behaviour and demeanour were certainly of maligning the dignity and decorum of the Court. The Counsel deliberately and wilfully uttered obnoxious and filthy language which is normally used by cheapsters and street goons. Counsel Ramawatar Singh Choudhary didn’t hold his horses and went on uttering direct abuses to this Court personally, further, the counsel commented upon the functioning of the Court on the judicial side,” observed the Court.

“Aghast and stunned by such intimidating and defamatory act of the counsel and his levelling of scurrilous allegations in order to cow down the judicial system. The counsel has verily crossed all limits with his sheer act of blatant disrespect towards the adjudicating Judge as well as for the institution too.”

“The entire court room including the public prosecutors of the State, Union and Court Staff having the lady Court Master were shocked to see such obnoxious behaviour of the counsel, Ramawatar Singh Choudhary. The overall conduct of the counsel has certainly put a dent over the constitutional and judicial basic structure. The conduct of the counsel has definitely diminished the mutual respect and relation between the Bar and the Bench,” the Court said.

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The Court, therefore, feels that if suitable and appropriate actions are not taken against the delinquency of the counsel, it will definitely breach and erode the public faith, trust and respect for entire justice delivery system and the same would be injurious to the self-esteem of a sitting Judge and it may further encourage the other lawyers to behave in such unruly and disrespectful manner.

“It is, therefore, deemed appropriate to condemn the conduct and behaviour of Ramawatar Singh Choudhary, counsel appearing for the petitioner. Although, the act of the counsel is certainly warranting initiation of contempt proceedings but instead thereof, a lenient view is being taken just to maintain judicial dignity and decorum of the Court. It is, therefore, felt appropriate to bring such sorrow state of facts to the notice of the Bar Council of Rajasthan to take suitable actions against the counsel Ramawatar Singh Choudhary forthwith,” the Court left it to the Bar Council of Rajasthan to take suitable action against the Counsel.