The Madurai Bench of the Madras High Court on Wednesday recalled the remarks made against an advocate who cried out ‘injustice’ following pronouncement of a judgment that went against her during a virtual hearing last week.
A Division Bench of Justices N. Kirubakaran and B. Pugalendhi observed that the remarks made against the advocate stands recalled. It also recalled the order that was pronounced and directed the matter to be placed before another bench.
The judges said the court would not be justified in taking up the matter and observed, “we do not want anyone to get the impression that we are biased. Post the matter before another Bench.”
The court had observed that the outcry of the counsel amounted to contempt of court and also needed a reference to Bar Council of Tamil Nadu and Puducherry for taking disciplinary proceedings against her.
“Whatever may be the proceedings or the result of the proceedings, a senior member of the Bar ought not to have stooped down to the level of making allegations against this court. We are pained by the representation made by counsel appearing for the respondent, who was a leader of the bar for some time and also a senior member. If this kind of attitude is going to be encouraged, it will send a wrong message to the juniors, who are all watching the court proceedings,” the judges said.
The remark was recalled.
Taking into consideration that the counsel had a grievance that she needed to be heard, the court agreed to give her an opportunity to put forth her further arguments.
Last week, following the pronouncement of the order, counsel submitted that it was unfortunate that the court passed the judgment in the writ appeal without hearing her arguments and she was under the impression that the writ appeal preferred against her would be dismissed.
