BCI seeks CJI's intervention over Andhra Pradesh High Court judge's conduct with young lawyer

The Bar Council of India (BCI) on Wednesday wrote to Chief Justice of India (CJI) Surya Kant seeking his intervention after an Andhra Pradesh High Court judge threatened to send a young advocate to police custody for 24 hours during a hearing..In a letter dated May 6, BCI Chairman Manan Kumar Mishra raised concerns regarding the conduct of Justice Tarlada Rajasekhar Rao. .Referring to a video of the proceedings that has circulated widely, the Council said that the episode raises questions about judicial temperament, proportionality and fairness.“Incidents of this nature have a chilling effect upon young members of the Bar. They create fear in the minds. The dignity of the Court is not enhanced when a lawyer is made to beg for grace in open Court and is still sent to custody for a procedural lapse.".It further criticised the direction to send the advocate to custody, stating, "An Advocate, particularly a young member of the profession, may be corrected, cautioned, or even proceeded against in accordance with law where the facts so justify. However, sending a young Advocate to judicial custody for 24 hours in such a manner appears, prima facie, to be grossly inappropriate and deeply damaging to the confidence of the Bar in the institution.".The controversy stems from a hearing before the High Court on May 4, where a petition challenging a look out circular and passport impounding was listed. During the proceedings, Justice Rao rebuked the advocate representing the petitioner, remarking that he had behaved “indolently” and questioned whether he considered himself a “great Senior Advocate”..A video clip of the exchange, which has since gone viral, shows the advocate apologising and pleading for leniency, stating that he was in pain and “begging for grace” with folded hands. Despite this, the judge directed police personnel to take him into custody for 24 hours.Sources later told the Bar & Bench that following an intervention of the High Court Bar Association, the Court later cancelled the order to send the lawyer to police custody..The BCI also took a clear position on the advocate’s conduct, stating,“We don't find anything wrong with the conduct of the young Lawyer.”.In its representation to CJI Kant, the BCI requested that the Supreme Court take institutional cognisance of the matter by calling for the video recording of the proceedings, the order passed and all surrounding circumstances..Emphasising the need for restraint in the exercise of judicial authority, the letter added, "Any authority of the Court must always be exercised with restraint, compassion, and institutional grace. A young lawyer standing before the Court is not an adversary of the Judge. He is an officer of the Court, still learning, still growing, and entitled to correction without humiliation.".The BCI also sought administrative action against the judge - including withdrawal of judicial work pending review, his transfer and appropriate judicial training on court management, judicial temperament and Bar–Bench relations..[Read Letter]