This is an archive article published on April 28, 2022
Bombay HC judge restricts lawyer from appearing before him, cites ‘arrogant conduct’
The court stopped short of initiating contempt proceedings against advocate Premlal Krishnan “considering his career”, following a written apology and undertaking not to repeat his “disrespectful conduct” in the future.
In the second instance in a month of the Bombay High Court judge pulling up a lawyer for their conduct in court, Justice Girish S Kulkarni on Wednesday directed a lawyer not to appear in any matter before him in view of the advocate’s “incomprehensible” and “most arrogant” conduct in a batch of applications pertaining to an arbitration dispute. The court stopped short of initiating contempt proceedings against advocate Premlal Krishnan “considering his career”, following a written apology and undertaking not to repeat his “disrespectful conduct” in the future.
Last week, on April 19, observing that an “advocate as an officer of court is under obligation to maintain dignity of court and there is no licence to intimidate the court,” another judge, Justice Anuja Prabhudessai, had pulled up a lawyer for “grossly overstepping” limits of propriety by making allegations that the judge was giving priority to certain matters and certain lawyers and was acting in a biased manner.
On April 27, Justice Kulkarni, while hearing a batch of applications, noted that when proceedings were called out, advocate Krishnan, appearing for one of the applicants, conducted himself in a “most arrogant” manner and “not only threatened the court, but also made arrogant gestures by raising his voice, totally forgetting that he is an officer of the Court.”
“The conduct of the advocate in the open Court being extremely offensive and disrespectful certainly amounted to undermining and demoralizing the dignity and esteem of the Court. Such conduct is incomprehensible and least expected from an advocate of this Court,” the bench noted and said that it would be required to initiate proceedings against the lawyer under the Contempt of Courts Act.
While the court was about to pass appropriate orders, advocate Aseem Naphade, on behalf of Krishnan, intervened and sought pardon for his behaviour. Krishnan tendered an unconditional apology.
“It is most unfortunate that an advocate practicing in this Court would conduct himself in such manner, however, keeping in mind the personal and professional career of the lawyer and his oral apology and his request and an undertaking to place on record a written apology on affidavit, to the effect, that his such conduct would never be repeated in any Court, in my opinion, a chance is required to advocate Krishnan, to do so,” Justice Kulkarni noted.
Advocate Naphade then submitted an affidavit of advocate Krishnan tendering apology stating that he respects the majesty and dignity of the High Court and had no intention of disrespecting it and sought to “accept his sincere apology stating that the same would not be repeated”.
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Justice Kulkarni accepted the apology and decided not to proceed to initiate contempt proceedings against the lawyer as proposed. He, however, directed advocate Krishnan against appearing before him in any matter in future.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
