Justice Sanjay S Agrawal of the Chhattisgarh High Court recently recused from hearing a matter due to the appearance of his niece in the case..A Division Bench of Justice Sanjay S Agrawal and Justice Narendra Kumar Vyas referred to the rule concerning standards of professional conduct and etiquette.The Court thus directed listing of the case before a different Bench.“The aforesaid exception has been made because of the appearance of Ms. Shivangi Agrawal on 21/08/2025 and 30/03/2026, who is a junior counsel to learned Senior Advocate Shri Manoj Paranjpe and is a niece of one of us (Sanjay S. Agrawal, J.), therefore, it is not desirable to consider the said matter, in view of the provision prescribed under Rule 6, Part VI, Chapter-II “Standards of Professional Conduct and Etiquette (Rules under Section 49 (1) (c) of the Advocate Act read with the Proviso thereto)”,” the Court said..The rule in question bars an advocate from appearing before a judge in case of any relation between them as father, grandfather, son, grand son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother in-law, daughter-in-law or sister-in-law.“In view of the aforesaid provision and in order to avoid any kind of unwanted controversy, it is, therefore, not desirable to conduct this matter consisting one of the member of this Bench,” the Bench said in an order passed on April 17..However, the Court also took exception to a circular issued against bench hunting by the High Court Chief Justice a day before the hearing of the matter.The circular said a lawyer may not accept such a brief or appear before a judge in the case of any relationship as specified under rules, having previously worked as junior in the judge’s office or in case of any other relationship with the judge.In case the counsel decides not withdraw from the case, it shall be open to the Bench/Court to examine the circumstances in detail, including the timing and nature of engagement, as per the circular.“Only in rare and exceptional cases, and upon being satisfied that the situation is bonafide and not intended to avoid the concerned Bench/Court, may the Bench/Court consider making an Exception, for reasons to be recorded in writing,” the circular clarified.The Bench said that though the circular was issued to prevent the practice of Bench hunting, only the concerned Bench can decide where to make an exception and how the Court is to function. “(It) cannot be directed and restricted as such, in the light of the aforesaid provision. The said circular, thus, appears to be an interference of the Court functioning. Be that as it may, let the matter be placed before Hon’ble the Chief Justice for appropriate orders for its listing,” it added.Advocate Mayank Gupta appeared for the appellant.Advocate Sourabh Kale appeared for the respondent.[Read Order]
