The body of defenders seeks a little more patience from Judge Arun Mishra
NEW DELHI: The President of the Supreme Court of India SA Bobde faces the difficult task of advising a superior judge of the Supreme Court on improving the interaction with lawyers who appear before him, since an important body of lawyers reacted the Wednesday before the unpleasant experience of a principal lawyer in the courtroom of Judge Arun Mishra and passed a resolution seeking a little more patience from the judge.
The unprecedented resolution of the SC Advocateson-Record Association failed to criticize Judge Mishra, the second judge of the Mostsenior SC, for his unpleasant comments against defense attorneys. Registered defenders are the backbone of litigation in the SC, since each petition, except those filed by the litigants themselves, must be examined and submitted by them.
The resolution was a response to the threat of Judge Mishra on Tuesday of initiating a contempt of judicial proceedings against the main lawyer Gopal Shankaranarayanan for not following the advice on the line of argument in the case of land acquisition that was heard by a court of five judges.
The judge told Shanakaranarayanan, who had previously asked other lawyers to challenge Judge Mishra of the five-judge court who heard the land acquisition case, to concentrate only on the interpretation of Section 24 of the Acquisition Law of Lands and let go of your proposal of eight points. intended to shape your line of argument.
The lead attorney responded by saying he would focus on Section 24 and then return to his eight-point presentation. This angered Judge Mishra, who took it as a replica of Shankaranarayanan and threatened him with contempt and said he would end up in his sentence. The main lawyer left the courtroom while others in the bank, the judges, Vineet Sharan, M R Shah and Ravindra Bhat, and the lawyers watched in silence.
The association reacted sharply and said lawyers had repeatedly filed complaints about unwanted treatment and the approval of personal comments by Judge Arun Mishra. In its resolution, the association expressed deep concern over the threat of contempt and conviction of Judge Arun Mishra to Gopal Shankaranarayanan while performing his professional duties.
The association's PILs have given rise to historical trials, including the evolution of the collegial system for the selection of judges for the SC and the HC, and the cancellation of the. When sending the resolution to CJI Bobde through Secretary General Sanjeev S Kalgaonkar, the association said: “The duty to maintain the dignity and decorum of the court rests with both lawyers and judges. We ask Judge Mishra to be a little more patient when dealing with lawyers. ”
CJI Bobde will find it difficult to discuss the issue with Judge Mishra, who was appointed Judge of Madhya Pradesh HC on October 25, 1999, almost six months before Judge Bobde was appointed Judge of Bombay HC. He became president of HC on November 26, 2010, almost two years before Judge Bobde was appointed president of the Madhya Pradesh HC court.