Chief Justice of India (CJI) Justice DY Chandrachud.
Credit: PTI File Photo
New Delhi: The Bar Council of India has shot off a letter to Chief Justice of India D Y Chandrachud highlighting 'troubling behaviour' of the High Court judges inside the courtroom with the advocates.
Referring to an "alarming incident" with senior advocate P Wilson in the Madras High Court recently, BCI Chairman Manan Kumar Mishra, in a letter, said it underscored the urgent need for reforms in how courtroom decorum and interactions between advocates and the judiciary are managed, and ensuring that no advocate no matter their level of experience, is subjected to public rebuke, humiliation, or intimidation while carrying out their duties.
"The increasing number of instances where judicial conduct has crossed acceptable boundaries emphasise a pressing need for the establishment of a clear and enforceable code of conduct for judges. This code should focus on maintaining decorum and ensuring that judges interact with advocates, litigants, and court staff in a respectful and professional manner," he said.
While judges must be allowed the discretion to control court proceedings, this should not extend to making observations that are irrelevant to the case, that border on personal attacks, or that create an atmosphere of intimidation, the letter added.
"A comprehensive code of conduct would provide clear guidelines on what is expected of judges in terms of behavior and would include consequences for those who deviate from these standards," it said.
It suggested for psychological training and orientation programs.
"Periodic evaluations of judges' mental health can also play a crucial role in preventing instances of judicial misconduct. The mental well-being of judges is essential to ensuring that they can discharge their duties fairly, impartially, and respectfully," it said.
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. The results of these evaluations should be kept confidential and submitted to a specially formed committee for review, ensuring that any necessary interventions are carried out discreetly and effectively, it said.
With regard to the incident with Wilson, the letter said though Madras High Court's video conferencing rules strictly prohibited the downloading, sharing, and circulation of any court proceedings, whether conducted in person or virtually.
These rules were put in place to ensure the confidentiality and integrity of judicial processes, safeguarding the privacy of all parties involved and protecting the sanctity of the courtroom environment.
"Despite these clear regulations, there has been no explanation as to how the video of the proceedings in question was widely circulated and went viral across various platforms. The unauthorised dissemination of court proceedings undermines the very foundation of judicial decorum. The fact that a video, expressly protected under court regulations, was leaked without consequence casts doubt on the efficacy of the current safeguards," it said.
With regard to the incident, the letter by Mishra said, "What is more concerning is that the bench recorded remarks in its order, alleging that the senior advocate made irresponsible comments toward the court, which were never actually made."
The circulated video of the proceedings demonstrated this "misrepresentation clearly". Such erroneous and potentially malicious records could create a chilling effect on legal professionals, who might fear unjust treatment for merely discharging their duties as officers of the court, it said.