‘Begging for grace’: Bar council writes to CJI after Andhra Pradesh High Court judge orders 24-hour police custody for lawyer

“Appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far-off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, BarBench relations, and proportional exercise of contempt/judicial authority,” the BCI letter written by Mishra stated.

Viral video

A video of the hearing doing the rounds on social media shows the advocate apologising and ‘begging for grace’ with folded hands before the Andhra Pradesh High Court judge. The judge said that the counsel behaved “indolently” and directed the police to take him into custody.

“I have decided to dismiss your writ petition? What the judges will do follow their own orders. Are you thinking…a great senior advocate,” the judge can be heard saying the video.

Following this the court dictated its order stating, “The counsel for the petitioner has behaved indolently…hence police is directed to take the counsel to the custody for a period of 24 hours”.

The Andhra Pradesh High Court judge further asked the lawyer to go and do dharna at the bar council.

Referring to the video, BCI stated that the incident raises grave questions of judicial temperament, proportionality, fairness, and the dignity of the bar.

“With utmost respect to the majesty of the Court, such a course, if correctly reflected in the video and the order, raises grave questions of judicial temperament, proportionality, fairness, and the dignity of the Bar,” the BCI letter dated May 6 read.

It was stated that sending a young lawyer to judicial custody for 24 hours, prima facie, was grossly inappropriate and deeply damaging to the confidence of the bar in the institution.

“It is most humbly submitted that incidents of this nature have a chilling effect upon young members of the Bar. They create fear in the minds. The dignity of the Court is not enhanced when a lawyer is made to beg for grace in open Court and is still sent to custody for a procedural lapse,” the letter read.

The letter further reads that the representation is made to preserve the dignity, moral authority and public confidence of the judiciary.