An "overspeaking judge"? Gujarat High Court Bar President in war of words with Chief Justice

The Gujarat High Court on Friday witnessed a heated exchange of words between Chief Justice Sunita Agarwal and Advocate Brijesh J Trivedi, who is also the High Court Advocates' Association President. .The Bar President criticized the conduct of Chief Justice in court and said that she never allows lawyers including Senior Advocates to complete their arguments.He even alluded to a quote from Lord Francis Bacon about "overspeaking judges". "It is other way round happening time and again, every senior advocate, advocate of the Court have been very kind enough to tolerate this. I had in the 2023 year used a nice quotation of Lord Francis Bacon. I don't want to repeat it. I hope your ladyship remembers that.... I am not a judge, it is about an overspeaking judge," he said.The war of words happened when a Bench of Chief Justice Agarwal and Justice Pranav Trivedi was hearing a Public Interest Litigation (PIL) related to the issue of illegal constructions.Advocate Trivedi was representing the petitioner in the case."Mr. Counsel, please let me complete. I was making some statement. I was asking you something, you did not allow to complete my question," Justice Agarwal told Trivedi during the hearing. The Chief Justice added that the counsel should listen to the question and then only he will be able to answer. "When one can get the question. No issues, your ladyship may put," Trivedi said in response. .Justice Agarwal then again remarked that the Counsel should let the court speak. At this, Trivedi said,"I think it is the same way I can say from here but no issues. I don't want to join issues."Continuing, Trivedi said the Court should also permit him to complete his sentence. "I think this is not the manner in which the Court is supposed to decide a pending matter ... permit me to complete my sentence. I understood the question. It was my mistake to have understood the question beforehand and I am sorry for that," he submitted..As Trivedi continued his arguments, Justice Agarwal rested her head against the chair while looking up. Meanwhile, Trivedi continued with his arguments. However, looking at the Chief Justice, he asked the Court to send the PIL to a different Bench.This is not the manner in which Chief Justice should take up PIL, he said."This is the manner in which your ladyship wants to listen without even permitting the advocates to speak, that is enough, your ladyship may leave the matter, place it before another appropriate bench. This is not the manner in which your ladyship should behave, looking somewhere else. My request is to release the matter," Trivedi said.Trivedi then requested the Court to adjourn the matter for two weeks. "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.".As a lawyer sitting behind Trivedi attempted to calm Trivedi down, he did not relent.He again requested the Court to adjourn the matter for two weeks. The request was objected by the counsel representing the other side.Chief Justice Agarwal then finally spoke and said the Bench was not going to permit creating a scene in the courtroom."I am not creating a scene, it is the other way round, with utmost respect," Trivedi said in response.Chief Justice Agarwal, while looking at Trivedi, then said,"Please don't raise finger towards the Court"."I am not raising, where is the question of raising finger to Court," Trivedi responded.However, Justice Agarwal said it was not the way to behave in a court.Amid back and forth, advocate Trivedi said,"Video will remain, this is not expected of Hon'ble court... after viewing the video as to how your ladyship has been behaving in the courtroom."Trivedi then started leaving the courtroom.However, Justice Agarwal continued to object to Trivedi's conduct.This prompted Trivedi to return and accuse the Chief Justice of being an "overspeaking judge" whom every lawyer has been "tolerating".He then proceeded to leave the court..In the order passed after the hearing, the Court condemned Trivedi's conduct."We deprecate this conduct of the Bar President being unethical. 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.".[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.