A Division Bench of Justice Sanjeev Kumar and Justice M.A. Chowdhary observed that disagreements and heated exchanges during arguments should not be escalated into contempt proceedings or imposition of costs on advocates, and that efforts should instead be made to avoid an unpleasant situation between the Bar and the Bench.

The Court was hearing a writ petition filed by Senior Advocate Jahangir Iqbal Ganai challenging the Tribunal's order. In an earlier order dated October 13, 2026, the Bench had sought to resolve the controversy through mediation and directed the petitioner and both Members of the Tribunal to appear before it.

The petitioner appeared, but the Tribunal Members did not, despite service of notice and an attempt by the Registry to facilitate their virtual appearance.

On examining the impugned order, the High Court found that the Tribunal had imposed costs of ₹10,000 on a Senior Advocate without providing an opportunity of being heard. The Bench noted that the issue was a minor one that ought to have been resolved in open court.

The Division Bench observed that heated exchanges between the Bar and the Bench sometimes occur during arguments, but the response should not be to escalate the situation by initiating contempt proceedings against advocates or imposing costs on them.

The Court observed,

“However, the Bench should forebear from escalating it to the level of initiating contempt proceedings against the advocates or imposing costs on the person of the Advocates. Rather, an effort should always be made to avoid such undesirable situation.”

The Court remarked that greater restraint and maturity on the part of the Tribunal Members could have avoided the unpleasant situation that led to the issuance of a contempt notice against the Senior Advocate.

At the same time, the Bench emphasised that advocates, particularly Senior Advocates, also bear a heightened responsibility to maintain the dignity and decorum of the Court. Differences in perception, it said, should not be allowed to create an unpleasant atmosphere or drive a wedge between the Bar and the Bench.

Finding that the Tribunal's order was contrary to law and in breach of natural justice, the High Court decided to close the matter without further observations.

Allowing the writ petition, the Division Bench quashed the Tribunal's order imposing ₹10,000 in costs on the Senior Advocate without a hearing. The Court held that the order violated the principles of natural justice and disposed of the matter accordingly.