'Should Not Have Happened': Gujarat AG, Bar Members Expresses Regret Over Heated Exchange Between Bar President And Chief Justice's Bench

Following Friday's incident wherein the Gujarat High Court deprecated the conduct of President of the High Court Advocates' Association Brijesh Trivedi in seeking an adjournment in a 2011 PIL, on Monday (January 20) advocate General Kamal Trivedi along with various members of the bar, conveyed about a mutual respect between the bar and the bench adding that the incident should not have happened. The court in its order on Friday noted that the counsel had made statements on the working of the court on the administrative and judicial side and did not let the Court to proceed on the merits of the case. When the counsel had sought time to bring on record certain papers and the court questioned him why the papers had not been brought on record earlier, the order notes, that "he started making allegations against the functioning of the Court". The order noted that Trivedi "even commanded the Court to recuse" from hearing the matter by agitating that "it was the Court which was not permitting him to make his arguments".Thereafter on Monday when the division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi assembled in the morning, Advocate General Trivedi present along with various members of the bar said, “Before the board starts, I would like to say something, this is with reference to what happened in Friday, we all, the lawyers were here, we have given to understand the general implication which was sought to be created as to how does the Court – (the Bar) feel about this Court, I would like to make certain clarification, we are not with that particular proposition. First and foremost, dignity and decorum of this august institution should be maintained at any cost. Secondly, I sincerely feel, perhaps all should agree with me, that administration of justice should be protected from being maligned. Thirdly, I think that, there should mutual cohesive atmosphere, respect and the coordination between the Bar and the Bench. I sincerely feel that the lawyers should not run down the Hon'ble Court nor should lawyers be run-down unnecessarily, and the incident which had happened in Friday, in my view, that should not have happened and perhaps we should try to take care to see that the recurrence of such an incident doesn't take place. This is an august institution having a history of more than 60 years. We have not witnessed this kind of atmosphere so, that it should be avoided. That is what we have been feeling and we thought that we must convey as to the feelings of all the people who have gathered together here voluntarily".To this the Chief Justice orally said that, “That means a lot to the Chief Justice. So, the whole effort like all the senior members of the Bar are as much officers of the Court as the Judges in the institution. So, I as a Chief Justice strongly believe in deliberation between lawyers and the judges. In case of any kind of difficulty, inconvenience, you can always come to me (for) any issue...I am so grateful for you all of you that you have recognized this that, the all effort should be that the institution should not be put down". One of the Senior Counsels present then further added “If we malign the institution, we are maligning the ourselves.”Thereafter senior advocate Devan Parikh then added, “We are aware of the fact that the lines of the communication are very open with your Ladyship and we have to keep these issues outside 11 (am) to 5 (pm). This is not the part of merits of the matter, this can never be part of discussion between 11 to 5. If there is anything else, this has to be a part of those communication after court hours.” The Chief Justice then orally said, “Correct and we are part of one institution. I think what we understand as a judge, being at the bar for 20 years and as a judge for 12 years, so whatever this institution has given us, I think we would not be able to pay it back throughout out life. So, as the senior member at the bar and as the Chief Justice, our effort is only to give back to the institution so that the future generation may flourish in this institution. Institution should stand. Institution will never fail. Only we fail, institution never fails.”Thereafter Senior Counsel N.D. Nanavaty then added, “That is it said somewhere that every individual, every institution, has potentiality of an in-further improvement but we can't degrade this. So, if there is an issue which affects lawyers in functioning, we can certainly represent to the Hon'ble Chief Justice and it is always heard and taken care of". The Chief Justice said, “As the Chief Justice, I am always open to all suggestions from the Bar and any concern of the Bar and I have expressed to this always and tried to do that whatever in the best way I can". One of the Senior Counsels present then stated, “About that, Mr. Iqbal Chagla, one of the Senior Advocates (who) passed away and he once famously said that the Bench brings up the Bar and the Bar brings up the Bench.”The advocate general then ...

'Should Not Have Happened': Gujarat AG, Bar Members Expresses Regret Over Heated Exchange Between Bar President And Chief Justice's Bench

Lovina B Thakkar

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