"Keep faith in judicial system:" Bombay High Court censures lawyers writing newspaper op-eds criticising judges in cases in which they appear

The Bombay High Court on Thursday censured lawyers writing opinion pieces in newspapers criticising judges in cases in which they appear. .A Bench of Justices SS Shinde and Abhay Ahuja said that lawyers should repose their faith in judges and should refrain from writing articles on cases in which they appear as counsel. What irked the Bench was an article written by Mumbai lawyer Payoshi Roy in The Indian Express critiquing the judges for their stand in the case relating to bail plea of Octogenarian priest Stan Swamy who is presently in jail as an accused in the 2018 Bhima Koregaon violence. The Bench implied that the author is appearing as counsel for an accused in Bhima Koregaon case. The issue came up for hearing when advocate Yug Mohit Chaudhry was arguing a plea by Bhima Koregaon accused Hany Babu's wife Jenny Roweena, seeking her husband's release."If you or your associate feel that by writing articles criticising us when you are appearing in the matter, you can get us to hear you, it is not right. It is a way to pressurise the Court. We will pass an order only after hearing the matter on merits. There were UAPA charge involved," Justice Shinde told Chaudhry. Chaudhry denied having written any article on any case he was appearing in while clarifying that that he did not represent Swamy.Having said so, he argued that the Bench could not bar lawyers from expressing their opinion against the court, merely because they appeared before the same Court.It was his right to appear before the Court and it was his right to free speech which permitted him to criticise the judiciary, he argued."Is your Lordship saying court cannot be criticised, or that I can''t write? I will continue writing, and coming to court for relief. Both are my rights," Chaudhry said.Justice Shinde said that the article seemed to indicate that the lawyers had lost faith in the judicial system."You are an officer of the court. Unless you have faith in us, how will you assist us? If you are arguing before us and do not have faith in us, what is the use?" Justice Shinde said. He further opined that fair criticism is necessary and he would be the last to say that there should be restriction on freedom of expression."What we are saying is, we need your faith in the system and in us," Justice Shinde said. "It is because we have faith that we come to court. But sometimes, the court lets us down," Chaudhry responded. .On Babu's case, the Court perused the report submitted by Mumbai's Breach Candy hospital on the medical status of Babu and concluded that he was fit to be discharged from the hospital.He had earlier been transferred to the GT Hospital in South Mumbai after testing positive for COVID-19. .A co-ordinate vacation bench had previously directed the Maharashtra government to transfer Babu to Mumbai's Breach Candy Hospital by May 20.On May 27, the Court had directed Breach Candy hospital to not discharge Babu without permission of the Court. The hospital was also directed to submit the interim report of Babu's medical treatment by June 1, 2020 when application for medical bail will be heard.Chaudhry appearing for the petitioner requested the Court to not send him back to the jail, but instead keep him under house arrest, till his condition improves further.While the Court stated that they could not grant house arrest till they hear all sides on merits of the case, they added that the hospital could not be forced to continue Babu's admission beyond the prescribed time.."We are not medical experts. They are saying he can be discharged. We cannot direct the hospital to keep him when he does not require critical care," the Bench said, suggesting that Babu be shifted to JJ Hospital if required.While Chaudhry agreed to this suggestion, he submitted that since Babu had been treated at Breach Candy so far, his stay could be continued till the next date. .Agreeing to this, the Bench directed the Hospital to submit a fresh report on his medical status by June 15, 2021 while Babu's stay continues. Subject to the hospital protocol, Babu's wife, who is the petitioner, their daughter and Babu's mother was permitted to visit him at the hospital.