Most judges like to believe they are perfect, calm, composed (all the time) - they are not: Justice S Muralidhar

How does a lawyer react to unkindly remarks from judges in the courtroom?

. This question, posed amid a virtual discussion hosted by the Delhi High Court Women Lawyers Forum on Friday, prompted Justice S Muralidhar of the Punjab and Haryana High Court and Senior Advocate Meenakshi Arora to make interesting observations on the human limits of judges.

. Justice Muralidhar recounted how a stray " Please bear with me " remark amid arguments when he was a lawyer triggered the judge hearing his case to give him an earful for using the expression " Please bear with me ."

. After the case was thrown out, a non-plussed Advocate Muralidhar asked other senior lawyers outside the Court where he had gone wrong.

. Justice Muralidhar recalled being nformed that his comment asking the judge to "bear with" him may have offended the Judge for giving an impression that the Court was impatient.

. Justice Muralidhar observed that lawyers have to emotionally steel themselves while keeping in mind that they are also dealing with other human beings on the Bench.

. He recounted his senior lawyer as having advised him that Judges are also human beings who may have come with a certain frame of mind on that day and at the time when a case is taken up.

. After hearing case after case, a Judge may be mentally drained. To deal with this depleted state of mind, there are judges who do say " let me come back with a calmer frame of mind ", Justice Muralidhar observed, adding, " I try and follow that ."

. He further opined that it is important never to pass orders in anger.

"Whenever you feel so angry that you are not in control with your emotions and responses as a Judge, the best thing to say is that we'll take this case later. There have been instances where judges retired to their chambers to calm themselves and come back . Unfortunately, lawyers do not have that luxury. "

. As such, he suggested that the issue has to be discussed and acknowledged. There is a need for greater sensitisation and training in judicial academies, he opined. He added that lawyers should also discuss how to deal with such issues.

. "The more we talk about, the more there would be an acknowledgement about the problem. Today we are in denial. Most judges like to believe they are perfect, calm, composed (all the time) - they are not... Even with a judge like me, many of you may have noticed that I have high points and low points in a day." Justice S Muralidhar . Justice Muralidhar also noted that there has been an Israeli study where it was found that in a bail court, the best chances of getting favourable orders was in the first 1.5 hour of the hearing.

. He added that a reason why some senior lawyers are sought after is because they would know if the Judge's frame of mind is ideal on a given day to push a certain point in court.

. In any case, Justice Muralidhar advised,

. " Steel yourself emotionally from within, do not let the judge distract you. This can come only with experience."

. Senior Advocate Meenakshi Arora echoed this opinion, remarking that lawyers must have a thick skin and lose their sensitive, emotional side in a courtroom.

. She explained,

" If you let that (Court's) observation or remark hurt you, you will lose control over the matter. The minute you let it emotionally impact you, and lose the control, your client will suffer and it's a downward spiral in the matter..."

. She further advised,

. "The easiest way is to forget. Say 'I'm sorry milord, but my point is this.' Bring him (the Judge) back to the case. Forget that your ego is hurt. It is going to be a long time before we have the privilege of saying my ego has been hurt. As of now, without our numbers and our position, we do not have that privilege." Senior Advocate Meenakshi Arora . The discussion was moderated by Advocates Mrinalini Sen and Saumya Tandon.

Most judges like to believe they are perfect, calm, composed (all the time) - they are not: Justice S Muralidhar

Meera Emmanuel

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