Lawyers, Chief Justice of Gujarat High Court clear the air after Bar President's outburst in court

Senior lawyers of the Gujarat High Court assembled this morning before the Bench led by Chief Justice Sunita Agarwal to clarify the Bar's views on a heated exchange that took place in Court on Friday between the Chief Justice and High Court Advocates' Association President Brijesh J Trivedi..This incident should never have happened and both lawyers and judges must work to ensure that judicial institution is not maligned, said Advocate General (AG) Kamal Trivedi. Addressing the Bench of Chief Justice Agarwal and Justice Pranav Trivedi, the AG said,"Dignity and decorum of this august institution should be maintained at any cost. Secondly, administration of justice should be protected from being maligned. Thirdly, there should be a mutual cohesive atmosphere, mutual respect, and the coordination between the Bar and the Bench. I sincerely feel that the lawyers should not run down the honourable court, nor should lawyers be run down unnecessarily. And the incident which had happened on Friday, in my view, that should not have happened. Perhaps, we should try to take care to see that recurrence of such an incident doesn't take place."He added that the Gujarat High Court has not witnessed such an incident in its history of over 60 years. "We have not witnessed this kind of an atmosphere, so that should be avoided. That's what we have been feeling, and we thought that we must convey as to the feeling of all the people who have got here voluntarily," he said. .Chief Justice Agarwal replied by thanking the senior lawyers for making this clarification.She agreed that the efforts of both lawyer and judges must be to protect the judicial institution.Lawyers are as important for the Court as judges, she added. She said that as the Chief Justice, she strongly believed in deliberations between lawyers and judges to resolve any difficulties or inconvenience. "I am so grateful for all of you, that you have recognised (that) all efforts should be that the institution should not be put down," she further said.."If we (lawyers) malign the institutions, we are maligning ourselves," added Senior Advocate Deven Parikh."Correct," replied Chief Justice Agarwal. Parikh further observed that lawyers are aware that the lines of communication to the Chief Justice are very open, but that any grievances faced by lawyers should be ventilated outside Court hours. "This (such issues) is not a part of merits of the matter and this can never be a part of discussion between 11-5 (court hours). If there are anything else, this has to be a part of communications after court hours," he said. .The Chief Justice agreed. She further noted that both lawyers and judges have an unending debt to the larger institution of the judiciary. "(After) being at the Bar for 20 years and as a judge for 12 years - whatever this institution has given us, I think, we will not be able to pay it back throughout our life. As senior members of the bar, and as the Chief Justice, our effort is only to give back to the institutions so that the future generations may flourish in this institution. Institution should stand. Institution will never fail, only we fail. Institution never fails," she said. .Senior Advocate Nirupam Nanavati expressed agreement, adding that lawyers must refrain from degrading the institution and that any any issue affecting lawyers can certainly be presented to the Chief Justice. "I have expressed this always and tried to do that best we can. Thank you so much," the Chief Justice replied..The incident in question took place on January 17 when the Gujarat High Court Advocates Association President Brijesh J Trivedi criticised the Chief Justice in court, saying that she never allows lawyers to complete arguments. He also took exception to the Chief Justice "looking elsewhere" while he was arguing, when she rested her head against the chair while looking up. He further urged the Bench to adjourn the matter and place the case before another Bench. "Your ladyship is looking somewhere at the sky, this has never happened in this Hon'ble Court in 65 years. My request is to keep it after two weeks," he said. .The war of words happened when the Court was hearing a Public Interest Litigation (PIL) related to the issue of illegal constructions.During the hearing, the Chief Justice responded by asking the lawyer not to create a scene in Court. The lawyer countered that it was not him who was creating the scene. The lawyer eventually began to leave the Court, even as the Chief Justice was objecting to his conduct. Before leaving, he accused the Chief Justice of being an "overspeaking judge" (alluding to a quote by Lord Francis Bacon) whom every lawyer had been "tolerating."The Court later criticised the Bar President's comments in an order passed the same day in the matter.It recorded that he made irrelevant submissions and refused to let the Bench proceed on hearing the case on merits, after the Court expressed its disinclination to adjourn the matter. The Bench opined that it reflected an attempt by Trivedi to browbeat the Court by misusing his position as the Bar President. "The conduct demonstrated by Mr. Brijesh Trivedi shows his utter disrespect towards the institution and his attitude which is not only unworthy of becoming an elected President of the Advocates’ Association but also unbecoming of an Advocate of the highest Court of the State," the January 17 order said. The PIL case is listed next on January 24. The Court also made it clear that it is not inclined to granted any adjournments in the matter in future as well, given that it is an old case (from 2011).