AIBA President Writes To CJI, Seeks Guidelines On Decorum For Judges

Former Supreme Court Bar Association president and senior lawyer Adish Aggarwala has reached out to Chief Justice of India DY Chandrachud, urging the establishment of guidelines for judges’ decorum during interactions with lawyers in judicial proceedings.

Aggarwala, who is also the president of the All India Bar Association (AIBA), proposed creating a “monitoring mechanism” led by a retired Supreme Court judge.

In his letter dated October 7, Aggarwala referenced a recent incident involving a senior judge of the Madurai Bench of the Madras High Court and senior advocate P. Wilson during a virtual hearing. He claimed that the senior lawyer was attempting to address a potential conflict of interest concerning one of the judges on the bench when the senior judge responded with aggression.

According to Aggarwala, the senior judge was “seen shouting and using inappropriate language” towards Wilson and another advocate during the proceedings. He asserted that Wilson had no intention of seeking the junior judge’s recusal but merely aimed to highlight the conflict of interest.

Despite Wilson’s polite clarifications, Aggarwala stated, the judge continued to berate the advocates and even accused Wilson of making remarks that demeaned the court—remarks that Wilson never actually made.

Aggarwala expressed concern that such misrepresentations could set a dangerous precedent for judicial conduct, emphasizing that the circulated video of the proceedings clearly showed Wilson acting as an officer of the court, not disrespecting it. He pointed out that Wilson did not request the recusal of the judge or make any inappropriate comments.

In light of this incident, Aggarwala called for the establishment of clear guidelines governing the behavior judges must exhibit while interacting with advocates. He stressed the importance of respectful communication and professional conduct in courtrooms, asserting that advocates should never be publicly berated or disrespected.

Additionally, the letter proposed the formation of a redressal committee to address complaints of “unprofessional conduct” by judges. This committee should be accessible to advocates and provide a transparent process for reviewing such complaints, ensuring that appropriate actions are taken when necessary.

Given the increasing prevalence of virtual hearings, which are often scrutinized, Aggarwala’s letter underscored the need for a monitoring mechanism headed by a retired Supreme Court judge to oversee judicial interactions and uphold professional standards.

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