'We Are Like One Family, Advocates & Judges' : Justice Shinde Of Bombay HC Pacifies Lawyer Who Was Outraging Over 'Insult' By Judge

Sharmeen Hakim

8 Jun 2021 3:38 PM GMT

  • We Are Like One Family, Advocates & Judges : Justice Shinde Of Bombay HC Pacifies Lawyer Who Was Outraging Over Insult By Judge

    In a 'show of his magnanimity,' Justice SS Shinde, the third senior-most judge of the Bombay High Court, sought to pacify rather than admonish a lawyer who was expressing outrage over a perceived 'insult' by the judge in an earlier proceeding.On Tuesday, Justices SS Shinde and Justice NJ Jamdar were hearing Maharashtra Government's petition against the CBI FIR against former State Home...

    In a 'show of his magnanimity,' Justice SS Shinde, the third senior-most judge of the Bombay High Court, sought to pacify rather than admonish a lawyer who was expressing outrage over a perceived 'insult' by the judge in an earlier proceeding.
    On Tuesday, Justices SS Shinde and Justice NJ Jamdar were hearing Maharashtra Government's petition against the CBI FIR against former State Home Minister Anil Deshmukh when advocate Jaishree Patil made allegations against Justice Shinde.

    Patil began her submissions by saying that the Chief Justice's Bench had ordered the Preliminary Inquiry against Deshmukh on April 5, 2021, on her petition. Therefore she should be added as a party to the present petition, and the court should hear it along with Anil Deshmukh's petition. Patil said she had already filed a precipice before the CJ's court to tag both matters.

    Suddenly, Patil mentioned that she had complained to the Chief Justice of India NV Ramana that Justice Shinde had "insulted" her when her petition had come up before his bench, in March, a day before the Chief Justice led bench heard her plea.

    Even as one of the senior advocates objected to Patil's allegations and Senior Advocate Rafique Dada said she should file an application seeking to be made a party, Justice Shinde said he 'regrets' if she was offended by his words.

    "Once our Bench took up the petiton filed by her, I did ask her about the grounds she had incorporated. We are like one family, advocates and judges, sometimes my words may be harsh…if my words have caused you mental [harassment] then I regret it. Beyond this, I don't think there can be an issue," Justice Shinde said.

    In response, Senior Advocate Darius Khambata for the State submitted that it was the majesty of the court that it was expressing regret. However, the manner in which Patil made the allegations was "unfair."

    Meanwhile, Justice Shinde asked Patil to continue making her submissions. But Patil now accused the Maharashtra Government of deliberately not impleading her as a party to their petition. She also began repeating her allegations against Justice Shinde to say that he had humiliated her in open court.

    "This is not at all fair and correct," Khambata objected.

    Patil added that the Chief Justice should first decide her complainant or both the petitions be taken up together. "It should not happen that I only get prejudiced," she said.

    Khambata said this is not the way anyone should address the court.

    "You have not faced insult. I am also a member of Bar." Patil responded.

    Following this, the Solicitor General Tushar Mehta for the CBI asked Patil not to take advantage of Justice Shinde's silence. "Please don't take advantage of the court's magnanimity. It is the court's majesty that it is not saying anything."

    But Patil was relentless, "I don't want to learn from you. I am also a practitioner here since 25 years."

    Justice Jamdar then asked Patil to stop repeating that she had filed the complaint and listen to what Justice Shinde had to say, "Perhaps you have not heard, but I said if my words have hurt you, I express regret."

    About the prayers, Justice Shinde said that even if Deshmukh's petition is not tagged with the State's plea, he will keep the matters one after the another on Thursday.

    "But you must understand, we are hearing this matter because it is assigned to us," Justice Shinde added.

    Patil then thanked the court and said that she would withdraw her complaint.  

    The court then adjourned the case to Thursday, and the CBI continued its earlier statement that they won't act on the documents they sought from Maharashtra Government till the next date.

    Matter to be taken up on June 10.


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