The Bar Council of India (BCI) has requested the Chief Justice of India DY Chandrachud to take action on the growing incidents of mistreatment of advocates by judges during court proceedings.
The BCI in its letter signed by Chairman and Senior Advocate Manan Kumar Mishra suggested that one of the ways to address inappropriate judicial conduct is psychological training and orientation programs. It further stated that periodic evaluation of judges’ mental health can help prevent instances of judicial misconduct.
The letter added that by regularly evaluating their mental health, the judiciary can identify early signs of burnout, stress, or other issues that could affect their conduct in court. It also opined that the results of these evaluations should be kept confidential and a specially formed committee for review, ensuring that any necessary interventions are carried out discreetly and effectively.
Notably, the letter particularly highlighted the recent face-off at the Madras High Court where Justice R Subramanian was reportedly seen reprimanding Senior Advocate P Wilson during a hearing. The letter read that when Wilson was attempting to highlight a potential conflict of interest in a case, Justice Subramanian responded harshly, using inappropriate language and reprimanding both Wilson and another counsel present at the court.
The letter continued that the Senior Advocate, with great courtesy, repeatedly clarified his position and even offered an apology to de-escalate the situation, but Justice Subramanian continued to berate the advocates. It asserted that the Senior Judge went so far as to accuse the counsel on record of unethical conduct, which was entirely unfounded.
It added that Justice Subramanian’s Bench falsely recorded in its order that Wilson made irresponsible comments toward the Court, though no such comments were made. The letter remarked that such incorrect and potentially malicious records could discourage legal professionals from fulfilling their duties, as they may fear unjust treatment in the future.
The BCI noted that this incident stressed on the urgent need for reforms on managing courtroom decorum and interactions between advocates and the judiciary to ensure that no advocate – no matter their level of experience – is subjected to public rebuke, humiliation, or intimidation while carrying out their duties.
Additionally, it stated that though judges have certain legal immunities under the Judges (Protection) Act, 1985 for actions taken in the course of their judicial duties, the same does not protect judges when they make observations or comments that extend beyond the scope of the pleadings or judicial proceedings.
The letter underlined that the increase in inappropriate judicial conduct emphasizes on the need for a clear, enforceable code of conduct for judges to ensure that judges interact with advocates, litigants and court staff in a respectful and professional manner.
The Bar Council also suggested setting up of a committee comprising retired judges, which could ascertain that judges who exhibit signs of stress or misconduct receive appropriate support, training, or counselling.