Tensions simmer in Gujarat High Court Bar after AG-led Senior Counsel apologise to Chief Justice; EGM tomorrow

Tensions remain high at the Gujarat High Court after a heated exchange took place in the Court last Friday between Chief Justice Sunita Agarwal and High Court Advocates' Association (GHCAA) President Brijesh J Trivedi..On January 17, the Chief Justice and Trivedi openly criticised each other for their conduct in court. Chief Justice Agarwal accused Trivedi of creating a scene and attempting to browbeat the Court. Trivedi accused the Chief Justice of being an 'overspeaking judge' who does not allow lawyers to complete their arguments.Yesterday, Gujarat Advocate General (AG) Kamal Trivedi along with a group of senior advocates approached the Chief Justice-led bench and said that the incident should never have happened and both lawyers and judges must work to ensure that judicial institution is not maligned. .However, members of the GHCAA have now urged its Managing Committee to call for an Extraordinary General Body Meeting (EGM) to discuss the incident. According to this group of lawyers, the AG and the senior advocates who spoke to the Chief Justice on Monday had not taken the opinion of the members of the Bar to assess the collective stand of the GHCAA.They had instead, expressed regret over the incident, "as if they are the voice of the bar", the lawyers have contended.The lawyers have also stated that Trivedi had touched upon certain decisions made by the Chief Justice on the administrative side that have been creating issues for many advocates. "Therefore, please clarify the stand of the managing committee on [these] issues or call the extraordinary general meeting so that necessary resolutions can be passed by the general body on the above matters. Till date, none of the representations made by the bar, have been replied to and litigants, advocates and clerks are suffering due to these issues," the lawyers have stated. .The incident in question took place on January 17 when Trivedi criticised the Chief Justice 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 bar president 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..On January 20, the Advocate General and some senior lawyers of the Gujarat High Court assembled before the Chief Justice-led bench to clarify the Bar's views on the heated exchange.Addressing the bench 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.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."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.Senior Advocate Nirupam Nanavati also chimed in saying that lawyers must refrain from degrading the institution and that any issue affecting lawyers can certainly be presented to the Chief Justice.