Kerala High Court Advocates' Association (KHCAA) President Yeshwanth Shenoy has taken strong exception to the absence of majority of High Court judges at the bar body's annual day function on November 14..Though Chief Justice Nitin Jamdar and few other judges were present at the event, a majority of the judges chose not to attend the function. In the past, all judges would attend the annual day function. Shenoy said there was no justification whatsoever to justify the conduct of the judges."The Annual day 2025 was a celebration of the Bar and not a personal function of its President. In any system, there will be difference of opinion, but that ought not to come in the way of maintaining the cordial relation required of the system," Shenoy wrote in a letter to the High Court Chief Justice..He accused the judges of interfering in the Bar politics and said that their "collective" decision to not attend the function vindicated his stand."I am in a state of shock and have been inundated with calls from not just members of the KHCAA, but members of the Bar across the State asking me so many uncomfortable questions as regards the absence of Judges from Annual Day 2025. The shock and the uncomfortable questions raised is not caused by the absence of Judges, but towards the concerted action of the Judges which is perceived by the majority of the Bar as the 'unionisation' of Judges of the High Court of Kerala that has shaken their confidence o n the Judicial Institution itself," the letter said..Shenoy claimed that there was a clear message behind the judges' absence at the event. "The interference of the Judges into the affairs of the Association is so clear because the message to the Bar was simple. 'Change your leadership or else we will boycott the Association'," he said. Shenoy added that it was for the Bar to decide whether they succumb to the "pressure of the judges" or stand together for the independence of the Bar. "Never before in the history of this Judicial Institution has this happened. The perceived 'unionisation' of Judges has deeply affected the perception of the members of the Bar in the ability of the Judges to be independent or impartial. Without a fiercely Independent Bar, you cannot have an independent Judiciary. I fail to understand why the Judges didn't understand this simple fact," he wrote in the letter.Shenoy also criticised the recently-elevated judges for their absence at the event."I had great hopes from some of the members of the Bar who recently moved from the Bar to the Bench, but their meek surrender to the senior Judges have put great doubts in my mind on their ability to withstand pressure," he said..Shenoy added that he was no one to advise any judge, but as the President of the Bar wanted to convey the sentiments of the Bar."I do not know if the Judges have realised the consequences of their collective action, but I have no doubt in my mind that the collective action of Judges has permanently damaged the edifice of the High Court of Kerala. It is time for every Judge to introspect on their conduct and ask themselves if they were right. The Judges have to start afresh at the start line and each one will have to work hard to earn the trust and respect of the members of the Bar. The reverence that the Judges see now is the one caused by fear of the enormous power they wield. Trust and respect earned lasts forever, the reverence earned by power, ends with retirement," he said..In the letter to the Chief Justice, Shenoy also flagged that that the spouses, children and other relatives of judges are practicing in the court. He further said that a judge continued to lend his name to a law firm."The members of the Bar now doubt if 'Justice' will be delivered while appearing against such 'related' advocates or Law firms that continue to function under the initials of the sitting Judge? The Bar now see the Judges as a unit acting 'collectively'. I have no answers to give because it is a self-inflicted wound on the Judicial Institution by the collective conduct of Judges," he said. .He went on to state that Kerala Federation of Women Lawyers (KFWL) was functioning as a "lobby group" within the High Court premises."This would not happen without the active support of some of the Judges... All women advocates need equal treatment and the KFWL stands as an obstacle to that idea of 'equality'," the letter added.Shenoy also claimed that a helpline number for addressing the grievance of judicial members has been entrusted to members of KFWL."How can such a task be given to an advocate? I am certain not all Judges are even aware of the fact that the Judicial officers were put at the 'mercy' of an advocate controlling that phone number. How fair is it on the judicial officers of the district judiciary to call on a number and know that it is of an advocate?," he asked in the letter..Shenoy also alleged that Kerala State Legal Services Authority (KELSA) was being operated by judicial officers and certain advocates handpicked by judges. He also raised grave allegations against the functioning of the High Court's IT department."All these issues pointed out always existed and I have been silently working on each one of it. I could have made this public, but I chose to work silently because the bread and butter of the advocates rested on the faith of the people in the system. None of my actions should dent that faith. However, when the faith of the advocates itself remains shaken, it is an opportunity to address each of the issue and repair the system together," Shenoy wrote in the letter..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
