AIBA writes to CJI over judge’s outburst

Chennai: Taking exception to the outburst of Justice R Subramanian at senior advocate P Wilson while hearing an appeal, the All-India Bar Association (AIBA) has written to Chief Justice of India D Y Chandrachud to frame guidelines for judicial conduct. AIBA has also sought a mechanism to redress complaints of mistreatment or unprofessional conduct by members of the judiciary.It also requested the CJI to constitute a monitoring committee headed by a Supreme Court judge to review virtual court proceedings and ensure conduct of both judges and lawyers aligned with established norms of professional behaviour.
In a letter to the CJI, AIBA chairman and senior advocate Adish C Aggarwala said Justice R Subramanian had shouted at Wilson and used inappropriate language during a court hearing, the video clipping of which was illegally leaked and circulated on social media platforms. "Advocates must feel free to carry out their professional responsibilities without the fear of being unjustly accused of undermining the court's authority. The court's actions in this case were particularly troubling because they signalled a shift towards an environment where judicial criticism and reasonable discourse were stifled, rather than encouraged in the spirit of justice," Aggarwala stated.
Advocates found themselves defenceless and cornered in such circumstances. If such inaccuracies in court records remained unchallenged, it could create a chilling effect on the legal community, eroding the trust and respect fundamental to the relationship between the Bench and the Bar, AIBA said. Furthermore, a complaint regarding this matter to the registry of the HC remained unanswered to this day. The silence from the authorities on this serious issue raised questions about the enforcement of the High Court Rules and the measures in place to prevent such incidents in the future," it said.
The association sought clear guidelines on the decorum that judges must observe while interacting with advocates. These guidelines should emphasise the need for respectful communication and professional behaviour in courtrooms, ensuring that advocates were never publicly berated or disrespected, it stated.
On Sept 29, when an appeal against a single judge order in a case concerning the Tamil Nadu Public Service Commission came up for hearing before a division bench comprising Justice R Subramanian and Justice Victoria Gowri at Madurai bench of Madras high court, Wilson, representing the TNPSC, told the bench that the single judge concerned was part of the bench. Irked by the submission, Justice Subramanian condemned Wilson for asking the judge to 'recuse from hearing the case'. Despite denials by the senior advocate, who kept apologising to the bench saying he never wanted 'recusal' of any judge, Justice Subramanian flayed Wilson and said he was a Rajya Sabha member and could use 'such tricks' in parliament. A part of this heated exchange was circulated on social media, triggering outrage among lawyers associations who defended senior advocate Wilson and wrote separate representations seeking inquiry into how the recorded clipping was leaked on social media.