5 Dec 2019 3:25 AM GMT
Expressing displeasure at the resolution passed by the Executive Committee of the Supreme Court Advocates on Record Association against Justice Arun Mishra, the Chairman of the Bar Council of India, Senior Advocate Manan Kumar Mishra, has issued a press release. This comes in the context of the EC of SCAORA passing a resolution condemning Justice Arun Mishra for threatening Senior...
Expressing displeasure at the resolution passed by the Executive Committee of the Supreme Court Advocates on Record Association against Justice Arun Mishra, the Chairman of the Bar Council of India, Senior Advocate Manan Kumar Mishra, has issued a press release.
This comes in the context of the EC of SCAORA passing a resolution condemning Justice Arun Mishra for threatening Senior Advocate Gopal Sankaranarayanan with contempt action during a hearing. The press release has also taken note of the letter written by Senior Advocate Vikas Singh to the President of the Supreme Court Bar Association suggesting that advocates should refrain from standing up when Justice Arun Mishra enters the Court room.
Criticizing the same, the Chairman's statement said,
"the letter of Mr. Vikas Singh…is somewhat disturbing...when the executive committee had already taken up the issue, there was no need to publicize such letter.
Mr. Vikas Singh is a seasoned Senior Advocate…we hope and trust that he will rethink and will not do anything which could lay a bad precedent for future."
Singh is the former President of the Supreme Court Bar Association and is set to contest for the position in the upcoming elections. He had written to the President of SCBA asking him to convene an urgent Executive Committee meeting and to pass a resolution condemning the incident and seeking an apology from Justice Arun Mishra.
The SCAORA expressed deep concern over the incident of Justice Mishra targeting Senior Advocate Gopal Sankaranarayanan and passed a resolution stating,
"Several members of the bar have repeatedly been raising such grievance about the unwarranted treatment and passing personal remarks by Hon'ble Justice Arun Mishra.
We request Hon'ble Justice Arun Mishra to be little more patient in dealing with lawyers."
The BCI Chairman has expressed distress over this resolution and has asked the Associations to refrain from taking such "extreme steps".
"Both Executive Members of Supreme Court Bar Association and Supreme Court Advocate-on-Record Association have passed some resolutions showing their concern over this issue. These Associations have gone upto reminding the Judge of his duty to maintain dignity and decorum of the Court.
our few hasty resolutions have far reaching effects, theredore, these extreme steps should not be taken without exhausting the other dignified remedies available to the Bar and its leaders," the press release signed by the Chairman and Co-Chairman S Prabhakaran said.
Reminding the SCBA that it was the most respected Bar Association of the country, the Chairman said that they needed "dynamic" office-bearers who could resolve the matter "tactfully". The Council said there were many decent ways to resolve the issue, for instance the Association could have met the judge personally or could have asked the CJI to mediate the matter.
The Press Release went on to state that the office-bearers must look into their own role and conduct before passing any resolutions.
"A few members have been targeting the particular judge, frequently criticizing his every action/order. How far are we correct/ justified? Who will control the Bar?" the Council said.
The BCI Chairman alleged that for the last 3-4 years, a handful of Advocates had been misbehaving and had gone to the extent of harassing former CJIs Deepak Mishra and Ranjan Gogoi. Allegedly, all the Advocates and Senior Advocates were aware of the hostility but no one ever came forward to stop such contemptuous acts.
The Chairman said the Advocates that they must choose their office bearers wisely in the upcoming elections. The Chairman added that he hoped that the new Executive Committee of the Council, proposed to be constituted after December 12, will act with utmost responsibility and transparency.
It concluded with the following remarks,
"Bar Council of India wishes a good, active, honest, diligent and responsible executive committee to come this time. our experience for past two consecutive terms has been very bad. We are also voters, and we appeal to our colleagues in Supreme Court Bar Association to ensure an effective Executive Committee and deserving office bearers this time. The way we see the message on social medias about some of the office bearers and members of the Committee is really horrible. Before voting, we the common lawyers, are to keep everything in mind."
On Tuesday, Justice Arun Mishra told Senior Advocate Gopal Sankaranarayan that his arguments in the case concerning interpretation of Section 24 of the RFCTLARR Act were repetitive and threatened him with contempt if he persisted with the submissions.
"You are making a mockery of the justice delivery system! We are hearing patiently. And You are commenting on every query? Retorting on every query? If you make one more retort and I will take contempt against you and make sure it is seen through!...Now If you have any new points, you may only make them!", Justice Mishra told the Senior Advocate.
At this point, Mr. Sankaranarayanan excused himself from the hearing and left the Court room.
At the start, Justice Mishra had also expressed displeasure at the advocate addressing the bench as "you".
Mr. Sankaranarayanan was one of the lawyers who had in October Justice Mishra's recusal from the matter, the judge having earlier rendered the Indore Development Authority decision which is under reconsideration before this 5 judge bench.
Read Press Release here