The judges hearing the case of Bidhan Barua,a 21-year-old from Guwahati who is seeking the Bombay High Courts permission to undergo a sex change operation,on Thursday asked his lawyer not to resort to undue pressure tactics.
A Division Bench of Justices S J Vazifdar and A R Joshi gave Baruas lawyer Ejaz Naqvi the warning after summoning him to the courtroom during the early court hours. This came a day after Barua addressed a letter to the High Court Chief Justice,the Chief Justice of India and the National Human Rights Commission,asking them to intervene and ensure immediate hearing of his petition. In his letter,he threatened to commit suicide if he did not get a favourable order by Wednesday evening.
Barua wrote that if he was compelled to take his life,the High Court Chief Justice would be responsible.
In response to this letter,the judges told Naqvi on Wednesday,Your client must not indulge in such pressure tactics by threatening the court in this manner. As a lawyer,you should also understand the difficulties of the court.
On the issue raised by the petitioner about financial difficulties,the judges said it could be possible to appoint a lawyer as amicus curiae (friend of court) in the matter. The court said the case would come up for hearing in due course on Monday.
Barua approached the court after his parents allegedly threatened doctors at Saifee Hospital on Charni Road,telling them not to perform the sex change procedure on him. He also claimed they froze his bank account to create more difficulties for him.
Barua said he realised early in life that he was born in the wrong sex and liked to dress up and behave like girls. He came to Mumbai to undergo a sex reassignment operation after a psychiatric test in his hometown Guwahati confirmed he was fit to undergo the operation.