SCBA Expresses Shock Over AP HC Judge Ordering Police Custody Of Young Advocate, Seeks CJI's Intervention

The Supreme Court Bar Association on Tuesday expressed “deep concern and shock” over the incident before the Andhra Pradesh High Court in which a young advocate was directed to be taken into judicial custody for 24 hours during court proceedings before Justice Tarlada Rajasekhar Rao.

In a resolution passed by the SCBA Executive Committee, the association referred to video proceedings circulating in the public domain and noted that the young lawyer had “repeatedly expressed regret and sought pardon before the Court”.

The SCBA said the incident had caused “serious concern” among members of the Bar across the country and had “deeply disappointed young members of the legal profession”.

“The relationship between the Bench and the Bar is founded upon mutual respect, dignity, patience, and institutional balance,” the statement said, adding that advocates are officers of the court and play an essential role in the administration of justice.

While emphasising that the authority and majesty of courts must always be respected, the association said the exercise of judicial powers must also reflect “restraint, proportionality, fairness, and compassion”.

“The rule of law being the foundation of our Constitutional system requires maintenance of decorum and discipline in court proceedings and also fairness in the exercise of judicial authority,” the SCBA stated.

It further observed that “judicial strength is reflected through patience and balanced conduct”, particularly while dealing with young lawyers who are still learning and evolving in the profession.

The association cautioned that any action causing “fear, humiliation, or intimidation” among young advocates could adversely affect the independence of the Bar and the functioning of the justice delivery system.

The SCBA is of the considered view that any action that causes fear, humiliation, or intimidation amongst young Advocates has the potential to adversely affect the independence of the Bar and the optimal operation of the justice delivery system.

Accordingly, the SCBA urged the Chief Justice of India to take “appropriate institutional cognizance” of the matter, call for the relevant records and proceedings, and consider corrective and administrative measures deemed appropriate to preserve public confidence in the judiciary and maintain cordial Bar-Bench relations.

The Bar Council of India has also taken exception to the High Court Judge's conduct, and urged the CJI to intervene.