Karnataka High Court directs lawyer to plant 1,000 saplings for threatening judge

The Karnataka High Court recently directed a lawyer to plant and maintain 1,000 fruit-bearing saplings after accepting his apology for threatening a sessions judge during a murder trial [Ravi Basavaraj Vs State].

In an order passed on September 1, Justice Hanchate Sanjeevkumar also imposed a symbolic fine of ₹1,000 on advocate S Rangaswamy.

The Court said the lawyer's conduct amounted to an attempt to threaten the court and scuttle the judicial process.

“The presiding officers in the district judiciary, though they are having Judicial powers, are in a vulnerable position and cannot defend themselves; therefore, the presiding officers are voiceless outside the court,” the High Court stated.

Nevertheless, it recalled the earlier directions to initiate contempt of court, criminal prosecution and disciplinary proceedings against the lawyer.

The incident arose during the trial of a murder case before the I Additional District and Sessions Judge, Koppal, sitting at Gangavathi. The accused later moved the High Court seeking transfer of the trial, alleging that the sessions judge was prejudiced against them and was not affording them a fair opportunity to defend themselves.

They also alleged that the sessions judge had called their lawyers “goondas” and was bent upon convicting them.

According to the sessions judge’s record, Rangaswamy had brought the lawyers from Ballari, stood staring at the court with crossed arms for several minutes, hurled abuses and interrupted the recording of evidence.

The High Court rejected the allegations against the sessions judge and found that the sessions court was only following the Supreme Court directions requiring to hold criminal trials expeditiously. It was conducting the trial on a day-to-day basis, the Court noted.

It also found repeated attempts by the accused and their lawyers to seek adjournments and delay the proceedings.

In an earlier order dated April 16, the High Court had recorded that Rangaswamy had “virtually threatened the sessions judge” by raising his hands, pointing his finger at the judge and coming to court with 8 to 10 other advocates.

One of the accused subsequently told the sessions court that she regretted her previous lawyer’s conduct, had scolded him and had asked him to return her case file and fees.

In its September 1 order, the High Court went on to make broader observations about the relationship between the bench and the bar and the role of lawyers in the justice system.

The Court said that judges and lawyers must remember that, in weighing and balancing rights and privileges, they are together building a “monument in the temple of justice”.

It further observed that advocates are officers of the court and cannot step into the shoes of their clients or treat a dispute as their personal case. The legal profession, it said, carries duties towards the court, the client and society.

The High Court ultimately decided to take a lenient view after considering Rangaswamy’s affidavit of apology.

The Court said it hoped he would change his professional conduct and recalled the directions for contempt of court and criminal prosecution against him.

However, it ordered Rangaswamy to pay ₹1,000 to the District Legal Services Authority at Ballari and plant 1,000 fruit-bearing saplings on government land or in school or college premises.

He was also directed to maintain the saplings by providing water and fertiliser.

Senior Advocate PP Hegde and advocate VM Sheelvanth appeared for Rangaswamy.

Additional Advocate General JM Gangadhara appeared for State.

[Read Judgment]