'Bar Cannot Be Left At The Mercy Of Registry Officials' : Dushyant Dave Writes

Today, I felt completely alienated. What I witnessed in the Supreme Court today saddened me beyond words. I feel deeply hurt.

When I reached the Court at about 9:50 AM, I found that the access to the Supreme Court from the beautiful front with steps leading to the Court of Chief Justice of India were blocked on both sides by police personnel and officials of court. Similarly, the access to the corridor from the side entry from where many lawyers come up from the parking area was also barricaded by police personnel and court staff. As a result, large number of Lawyers, their assistants and clerks and litigants were prevented from accessing the Supreme Court of India and in particular Court Rooms no. 1, 2, 3, 5, 6 & 7. The access was allowed just after 10:25 A.M. This was unprecedented. Upon inquiry with the Senior Court Officials, I was informed that there was a photo session on account of retirement of J. A.M. Khanwilkar and that under the directive of Chief Justice of India this was done. I lodged strong protest with officials of Supreme Court of India and told them that this was clearly unacceptable and highly improper.

Such a situation speaks poorly on an institution which is not only the highest Constitutional Court of the Country but is the custodian of Fundamental Rights of the Citizens. Access to the Supreme Court can never be barred. The Court timings are from 10:30 A.M. to 1:00 P.M. and from 2:00 P.M. to 4:00 P.M. Most lawyers and their support staff come to the Court at or before 10:00 A.M. and make suitable arrangements to place their files and judgments in the Court Rooms so as to be well ready before 10:30 AM when the Court begins hearings. Many of us meet in the foyer to chat before Courts begin hearings. Today, the Members of the Bar were physically prevented from exercising their rights on account of high handedness on the part of the Institution.

The Judges have many areas which are exclusive for their use into which the Members of the Bar or General public are not allowed access. Therefore, there is no reason why the general section should be barricaded in the fashion it was done. Retirement of a judge is indeed a momentous occasion. Assuming that the judges desired to have the photograph with their retiring colleague with the background of the Supreme Court façade, it ought to have been done at a time when Members of the Bar , their support staff and litigants are not inconvenienced in any manner. It could have been done well before the Court hours or after the Court hours. The fact that Judges chose to do it at the busiest times, inconveniencing over a 1000 lawyers, their support staff and litigants does not augur well for this Great Institution. One can only hope that Judges will correct the situation sooner than later.

It is not the only occasion when I have observed the kind of high handedness which was witnessed today. This also happens on occasions of administering oath to newly appointed Judges or when Full Court References take place in Memory of departed Lawyers and Judges. The doors of Chief Justices Court are locked preventing lawyers from entering the Court till as late as 10:25 A.M. This is being done to accommodate seating of relatives and friends of Judges attending those occasions. To see lawyers including Senior most Lawyers in their 80s and 90s waiting to get inside the Court for long time is quite painful.

All this is happening on account of extra-ordinary powers which are being wielded by Registry Officials who do not even know how to respect stature, seniority and age of lawyers. But what can they do? They are acting under directives of Chief Justice of India, who does not know and will never know the ground realities and the kind of heart burning and disappointment such conduct causes. Use of police force to barricade the Court premises and prevent even lawyers from doing their duty and going about their work is a sad reminder. I have seen courts since I was a child, as my father was first a District Court Judge and then a High Court Judge. I have never seen this kind of conduct. One former Chief Justice even had two policemen inside Court Room No. 1, which really sends a terrible message. Courts are supposed to be open to one and all. Yes, entry must be regulated but in the garb of regulation what is happening is more often than not prohibition.

Supreme Court's motto is Yato Dharmastato Jayah (where there is righteousness). With this motto, the Chief Justice of India and His Colleagues ought to be conscious about dignity, self-respect and feelings of other stakeholders.

The Supreme Court itself in R. Muthukrishnan v. High Court of Madras, (2019) described the role of the Bar thus,

"The independence of the Bar and autonomy of the Bar Council has been ensured statutorily in order to preserve the very democracy itself and to ensure that judiciary remains strong. Where the Bar has not performed the duty independently and has become a sycophant that ultimately results in the denigrating of the judicial system and judiciary itself. There cannot be existence of a strong judicial system without an independent Bar.."

Recalling the immense contribution of the Bar in the Struggle for Independence of Nation and drafting of Constitution of India as also helping Courts in evolving jurisprudence by their hard labor and research, the Court said,

"The Bar is an integral part of the judicial administration. In order to ensure that judiciary remains an effective tool, it is absolutely necessary that the Bar and the Bench maintain dignity and decorum of each other. The mutual reverence is absolutely necessary. The Judges are to be respected by the Bar, they have in turn equally to respect the Bar, observance of mutual dignity, decorum of both is necessary and above all they have to maintain self-respect too."

The court in fact went to the extent of holding that,"Bar is the mother of Judiciary and consist of Great Jurists."

In that judgment, the Court in fact called upon the Bar to be the spokesperson for the Judiciary, "as Judges do not speak." and observed that;

"People listen to the great lawyers and people are inspired by their thoughts. They are remembered and quoted with reverence.."

Clearly, there is a lot of gap between the Law declared by the Court and it's functioning.

I cross-checked with both the President of the Supreme Court Bar Association and the Secretary Mr. Rahul Kaushik, whether the Bar was taken into confidence before conducting this exercise and both replied in negative.

It is necessary for the Judges to ensure that the Bar is respected and that the Bar Association is constantly taken into confidence. The Bar cannot be left at the mercy of Registry Officials. Only then, the reverence for the Institution and the Judges will continue to remain high.

I was so disappointed today that I could not even bring myself to attend the Court of Chief Justice of India where as per the tradition, the Retiring Judge is bid farewell by the Bar, which I generally attend. I was deeply anguished and left for home after finishing my work.

I do hope that in the year when the Supreme Court is observing Azadi ka Mahotsav to celebrate 75 years of independence, such incidents will not occur in future and that the Members of the Bar will not only be treated with Decorum and Dignity but with much-deserved Respect.

Views are personal.

(The Author is a Senior Advocate, Supreme Court of India and Former President of Supreme Court Bar Association. )