Tone and tenor with lawyers should be moderate: J&K High Court tells trial judge

The Jammu & Kashmir and Ladakh High Court recently observed that judges must exhibit a "moderation" in tone and tenor while dealing with the members of the Bar [Sanjay Kumar & Anr v Mohan Singh & Anr]

Justice Rahul Bharti made the observation while expressing concern over the manner in which proceedings were conducted by a Katra court in a suit pertaining to a land dispute.

“This Court would humbly remind the Presiding Officer of the court of Munsiff, Katra that proprietary of a judicial conduct and temper in addressing itself with the learned Bar is a non-negotiable aspect of judicial grace,” the High Court said.

The Bench added it was importance to reflect such grace particularly when senior advocates with long standing experience and due sense of responsibility, not only towards their clients but also towards Court, enter appearance in a matter.

"Then a court is supposed to moderate its tone and tenor and which get reflected and exposed from very text of an order passed in that state of mind, be it agitative or equipoised," it said.

The Court was dealing with a plea challenging an order passed by the Munsiff in a civil suit pertaining to a piece of land in district Reasi.

During the pendency of the proceedings, the plaintiffs had moved an application under Order VIII Rule 9 of the Code of Civil Procedure seeking permission to file a replica to the written statements of defendants.

On April 4, the Munsiff closed the plaintiffs’ right to advance arguments on the application. The decision was challenged before the High Court in present case.

After examining the records, Justice Bharti said that orders dated March 28 and April 4 showed that the trial judge's “over-seriousness” was a bit misplaced even if it was intended to bring urgency into the matter pending since 2023.

The Court recorded the petitioner's submission that a counsel had appeared before the trial court both at 10:00 AM and again at 2:00 PM, but by then the trial judge had already made up his mind to close the plaintiffs' right to argue the application.

"There was no occasion for the Presiding Officer of the court of Munsiff, Katra to get exhausted at 1:00 pm when the court time was meant to last up to 4:30 pm by which time the counsel for the petitioners could have been awaited considering the fact that Mr. GS Thakur, advocate is an out stationed advocate," the High Court said.

Consequently, it directed the trial court to first take up and decide the long-pending temporary injunction application in the matter on the basis of the suit and written statements and dispose it of by May 30.

The Court further directed that only after disposal of the injunction application, the plea seeking leave to file replica should be taken up for adjudication. The same is to be concluded by June 30.

Advocate GS Thakur appeared on behalf of the petitioners.

[Read Order]