Delhi High Court Pulls Up Counsel For Trying To Intimidate Trial Judge; Says 'A Judge Is A Judge Wherever Placed'

Update: 2025-12-03 11:25 GMT
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The Delhi High Court recently slammed an advocate for allegedly trying to intimidate a trial court judge, reminding the counsel that a “a judge is a judge”, no matter where she/he is placed in the judicial hierarchy.Justice Girish Kathpalia observed,“In the recent past, it is being observed that when there is no case on merits or the judge concerned is not indulgent and ensures that...

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The Delhi High Court recently slammed an advocate for allegedly trying to intimidate a trial court judge, reminding the counsel that a “a judge is a judge”, no matter where she/he is placed in the judicial hierarchy.

Justice Girish Kathpalia observed,

“In the recent past, it is being observed that when there is no case on merits or the judge concerned is not indulgent and ensures that neither party is able to protract the proceedings, efforts are done by some (though thankfully not all) lawyers to somehow overawe the judge, especially a judge in the District Courts.”

The remarks were made while dealing Petitioner's plea to restore his right to lead evidence as defendant before the trial court.

Petitioner's right was purportedly closed for protracting proceedings bt seeking repeated adjournments and lying about settlement of the case.

Moreover, the trial court had recorded in its order that the counsel used 'high pitch tone' and though he was very calmly advised by the Court, he insisted on adjournment and refused to argue the matter. The counsel told the trial court that he is practicing in Supreme Court where several opportunities are given for arguments.

Before the High Court, the counsel submitted that he habitually speaks with high pitch.

Unconvinced, the Court observed, “In the present case, it is highly deplorable that despite being asked to calm down, learned counsel for petitioner/defendant continued to address in high pitch, stating that he is practicing in Supreme Court. Not just this, when offered passovers so that final arguments could be heard on the same day, learned counsel for petitioner/defendant audaciously stated that he would not argue the case and that the court is free to hear arguments.”

The Court opined that its supervisory jurisdiction under Article 227 of the Constitution also casts a duty to supervise and ensure that decorum in the District Courts is not dented in any manner.

“A judge is a judge, wherever she/he is placed in the judicial hierarchy and cannot be treated in the manner as was done in the present case,” it said.

As the counsel then expressed remorse over his conduct, the Court permitted him to withdraw the plea instead of dismissing it on merits.

Appearance: Mr. Om Prakash Mishra and Mr. Mayank Pandey, Advocates with petitioner in person.

Case title: Sandeep Kumar v. Kaptain Singh Rathi Through LRs

Case no.: CM(M) 2308/2025

Click here to read order 

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