BCI Seeks Withdrawal Of Judicial Work, Transfer Of AP High Court Judge Who Threatened Young Advocate With Police Custody

The Bar Council of India (BCI) has written to the Chief Justice of India seeking urgent intervention over a recent episode where a judge of the Andhra Pradesh High Court ordered 24-hours police custody of an Advocate, for failing to produce an order copy during the proceedings.

Though the order purportedly stands recalled, the BCI Chairman and Senior Advocate Manan Kumar Mishra described the episode as “deeply disturbing” and said it had caused serious concern within the legal fraternity.

The video clip of Justice T Rajasekhar Rao admonishing the young lawyer and threatening him with police custody has emerged on the social media.

Referring to the incident, the BCI said the young advocate was directed to be taken into judicial custody despite repeatedly seeking pardon before the Court.

The BCI asserted that such a course of action, if accurately reflected, raises “grave questions of judicial temperament, proportionality, fairness, and the dignity of the Bar.” It emphasised that while advocates can be corrected or proceeded against in accordance with law, sending a young lawyer to custody for a procedural lapse appeared to be prima facie "grossly inappropriate".

Stressing the need for maintaining institutional balance, the BCI said the relationship between the Bench and the Bar is founded on mutual respect, and warned that incidents of this nature could have a “chilling effect” on young lawyers.

“The dignity of the Court is not enhanced when a lawyer is made to beg for grace in open Court and is still sent to custody for a procedural lapse,” the letter stated.

The BCI has urged the CJI to take immediate cognizance of the issue, call for the video recording of the proceedings and examine the surrounding circumstances.

It further suggested that appropriate administrative measures be considered, including withdrawal of judicial work pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training on court management, judicial temperament, etc.