Why Bombay High Court's Justice GS Kulkarni has barred a lawyer from appearing before his bench

Justice GS Kulkarni of the Bombay High Court recently forbade a lawyer from appearing before him in any matter in the future, citing his allegedly arrogant behaviour within the courtroom [Zenobia Poonwalla v. Rustom Ginwalla & Ors]..The order records that when a batch of arbitration applications were called out, Advocate Premlal Krishnan, appearing for the applicant, conducted himself in an arrogant manner. "He has not only threatened the Court, but also made arrogant gestures also by raising his voice, totally forgetting that he is an officer of the Court," Justice Kulkarni observed..It was held that the conduct of Krishnan was offensive and amounted to undermining and demoralizing the dignity and esteem of the court. Stating that such conduct was unacceptable, the Court sought to initiate action against the lawyer under Section 14 of the Contempt of Courts Act."The Court would be failing in its duty, if such action is not initiated," it declared..However, just as the Court was about to initiate action through appropriate orders, Krishnan's colleague, Advocate Aseem Naphade, intervened and submitted that Krishnan would tender an unconditional apology for his behaviour. Krishnan too expressed his desire to tender an unconditional apology to the Court on affidavit..While admitting that the lawyer's behaviour was unpleasant, the Court considered his personal and professional career and determined that he should be given the opportunity to make a written apology as well as an undertaking not to repeat the same behaviour.Naphade then placed on record Krishnan's affidavit in which he apologised for his actions. The affidavit stated that he respected the majesty and dignity of the Court and had no intention of degrading it. He asked the Court to accept his sincerest apology for what happened and indicated that he regretted his actions. He promised the Court that this would not happen again..The Court accepted the apology, and did not proceed with action for contempt of court."As noted above, considering the professional interest of Mr. Premlal Krishnan, Advocate, such an apology is being accepted, however with a caution that in no Court Mr. Premlal Krishnan, Advocate shall breach the assurance which is set out in the undertaking/affidavit. For these reasons I do not proceed to initiate an action against Mr. Premlal Krishnan, as initially proposed," it stated.Before parting with the order, Justice Kulkarni forbade Krishnan from appearing before his Bench in any matter in the future.Recently, Justice Anuja Prabhudessai of the Bombay High Court had taken strong exception to the conduct of a lawyer who had gone on a tirade against her accusing her of bias and had threatened to lodge a complaint against her with the Chief Justice..[Read Order]