"Arrogant, Incomprehensible Conduct": Bombay High Court Judge Bars Lawyer From Appearing Before His Bench In Any Matter

Justice GS Kulkarni of the Bombay High Court has directed a lawyer not to appear in any matter before him following the advocate's "incomprehensible" and "most arrogant" conduct in a clutch of applications pertaining to an arbitration dispute. The court stopped short of initiating contempt proceedings against advocate Premlal Krishnan considering his career, following a written apology cum undertaking not to repeat his disrespectful conduct in the future. "Such an apology is being accepted, however with a caution that in no court Premlal Krishnan, shall breach the assurance which is set out in the undertaking/affidavit…" Justice Kulkarni then directed removal of the proceedings from his court and directed that "henceforth, Mr. Premlal Krishnan, Advocate shall not appear before this Bench in any matter in future." Justice Kulkarni noted in his order that when the matter was called out Advocate Premlal Krishnan, appearing for applicant-Zenobia Poonawala had conducted himself in a most arrogant manner. "He has not only threatened the Court, but also made arrogant gestures also by raising his voice, totally forgetting that he is an officer of the Court." The court observed that Krishnan's conduct being extremely offensive and disrespectful certainly amounted to undermining and demoralizing the dignity and esteem of the Court. Therefore, proceedings under Section 14 of the Contempt of Courts Act should be initiated and the Court would be failing in its duty, if such action was not initiated. "Such conduct is incomprehensible and least expected from an advocate of this Court," Justice Kulkarni then said. However, Advocate Aseem Naphade intervened and submitted that Krishnan's behaviour be pardoned. After tendering an oral unconditional apology, Krishnan also gave a written affidavit in which he said that he respects the majesty and dignity of this Court and he had no intention of disrespecting this Court. He has requested the Court to accept his sincere apology for what transpired in the Court stating that he regrets his conduct. He assures the Court that the same shall not be repeated. "It is most unfortunate that an advocate practicing in this Court would conduct himself in such manner," Justice Kulkarni said while not initiating contempt action. Recently, Justice Anuja Prabhudessai reprimanded a lawyer for making allegations of "partiality" and "unfairness" against the court during a bail hearing and said that the advocate's conduct was "unbecoming of an advocate". Justice Prabhudessai had observed that while an advocate's frustration over a delayed hearing was understandable, but it didn't give them a license to intimidate the Court and make reckless allegations against a Judge polluting the very fountain of justice. Case Title: Farhad Ginwalla & Anr. VS. Zenobia Poonawala & Ors with connected matters.Citation:2022 LiveLaw (Bom) 164Click Here To Read/Download Order

"Arrogant, Incomprehensible Conduct": Bombay High Court Judge Bars Lawyer From Appearing Before His Bench In Any Matter

Sharmeen Hakim

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