“You May Be The President, Don’t Raise Your Voice”, Justice MR Shah To SCBA President

The Supreme Court bench of Justices MR Shah and CT Ravikumar on Tuesday expressed unhappiness with Senior Advocate Vikas Singh, President, SCBA, sternly stating that while Mr. Singh "may be the President", he must not "raise his voice" and "try to browbeat the Court".The bench was hearing a SLP by a Special Judge (POCSO Cases) from Sawaimadhopur, Rajasthan against the November 2020 decision of the Single Bench of the Rajasthan High Court at Jaipur where it was held that the remarks and observations made in the order sheet by the SLP petitioner- judicial officer against a police official shall stand expunged and set aside.The Single Judge had observed that "making direct aspersions and remarks in the order-sheets against I.O. and police personnel merely at the asking of the prosecution or on account of any statement recorded of a witness who has not filed any case or complaint before the court, with regard to coercion and force being exercised on them, would be wholly unjustified". The Single Bench had gone on to order the Registry to "place copy of this order before the Registrar General for further administrative purpose".On Tuesday, Singh, who is appearing for the SLP petitioner, expressed dismay over SC's order dated January 12, 2023, passed by the bench of Justices A. S. Bopanna and C. T. Ravikumar in this matter, directing the Registry to place the matter before the CJI for placing the matter before an appropriate bench.The order stated that the matter is required to be taken up in the combination of Justices M.R.Shah and C.T.Ravikumar as it was heard in part by the said Bench. Singh on the other hand contended that the matter was not heard in part before any other Bench and in fact, it was heard for some time in the combination of Justices Ajay Rastogi and C.T.Ravikumar on preliminary aspects."How can it be said that it was heard? I came (on January 5, 2023 when the matter was listed before the bench of Justices Shah and Ravikumar)! No proceedings were there! I am amazed that it is being thought that there was a hearing! Notice was issued by a bench of Justice A. M. Khanwilkar and Justice C. T. Ravikumar. After Justice Khanwilkar retired, the matter was listed before Justice B. R. Gavai and Justice C. T. Ravikumar. Thereafter, before the bench of Justice Ajay Rastogi and Justice C. T. Ravikumar. Then before Justice Shah and Justice Ravikumar. On that day (January 5), a letter was circulated. Your Lordships had something in mind, so I came at 2 PM. The matter was not heard because the matter was never called out. No proceedings made on that day. Please see the last order (of January 12). I was ready to argue before Justice Bopanna and Justice Ravikumar. I had no difficulty in arguing before Your Lordships," Singh said.Here Justice Shah expressed displeasure at the manner in which the submission was being made. "Why are you raising your voice?" he asked Singh.Also Read: 'Senior Bar Member Must Be More Responsible' : Justice Dinesh Maheshwari Expresses Displeasure At Sr Adv Vikas Singh"This is not the practice of this court!" Singh responded."This is also not the practice- raising voice!" Justice Shah reminded him.Also Read: Don't Tell Me Practice, I'll Decide What Practice Happens In My Court: CJI DY Chandrachud To Sr Adv Vikas SinghSingh then tried to draw the court's attention towards January 12 order. "Please see the order."This prompted Justice Shah. "Don’t raise your voice! You may be the President...." he said.Singh said "it is not a question of President."Justice Shah told him "Don’t try to browbeat the court.""Even otherwise if we had taken up the matter, we would have not (unclear)....as my learned brother says that I don’t want to be a party to any such type of unruly behaviour by counsel, that is why we said 'not before Justice C. T. Ravikumar'. Never try to raise the voice!" he added.Not desisting, Singh responded,"I am surprised I have to raise my voice....Your Lordships are commenting on my voice....My Lord Justice C. T. Ravikumar, while hearing another judicial officer's matter, while I was arguing another judicial officer's matter, My Lord Justice C. T. Ravikumar was part of that bench with Justice Bopanna, he said 'I will recuse'. He thought it is this matter. But I said it is not the same matter, and he heard it. Today, he should have said it at the opening. I need not have argued then.""This is exactly why I said I don’t want to hear this matter," Justice Ravikumar then said."It is unfortunate that I have to say all this," Singh responded.The bench then proceeded to dictate the following order- "As desired by my brother judge Justice C. T. Ravikumar, let this matter not be before the bench that Justice C. T. Ravi Kumar is party to. Registry to place the matter before appropriate court or bench after appropriate orders from Hon'ble the Chief Justice."On January 5, in the pre-lunch session when the matter was called out, the bench of Justices Shah and Ravikumar had criticised the...

“You May Be The President, Don’t Raise Your Voice”, Justice MR Shah To SCBA President

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