The Bar Council of India on Wednesday urged Chief Justice Surya Kant to withdraw judicial work and transfer Justice Tarlada Rajasekhar Rao of Andhra Pradesh High Court to any "far-off" state for allegedly sending a young advocate to judicial custody for not producing judicial citations while arguing a case.
The incident, which occurred on Tuesday, went viral on social media. The high court judge is purportedly seen in a video reprimanding the young advocate, who in turn, is seen repeatedly seeking pardon before the court, stating that he had not intended any disrespect and that he was in pain.
Terming the incident "deeply disturbing" and one that has caused serious concern among members of the Bar and the legal fraternity, its chairman Manan Kumar Mishra regretted that despite repeated pleas by the advocate, Justice Rao remained unmoved and directed the registrar (judicial) and the police to take him into custody. Two police personnel were seen entering the courtroom to take him into custody.
"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.
"In the circumstances, I most respectfully request your Lordship to kindly take immediate institutional cognisance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances. I further request that 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, Bar-Bench relations, and proportional exercise of contempt/judicial authority.
"This representation is made to preserve the dignity, moral authority and public confidence of the judiciary. Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility," Mishra said.
The Supreme Court Bar Association (SCBA), in a separate statement, expressed its deep concern and shock over the incident. "The SCBA firmly believes that the relationship between the Bench and the Bar is founded upon mutual respect, dignity, patience, and institutional balance. Advocates are officers of the court and play an essential role in the administration of justice. While the authority and majesty of courts must always be respected and maintained, the exercise of judicial powers must equally reflect restraint, proportionality, fairness, and compassion."





