Senior Advocates Cannot Intimidate Juniors: Bombay High Court Raps Senior Lawyer For Raising Voice At Newly Appointed State Counsel

The Bombay High Court on Wednesday pulled up a Senior Advocate for "intimidating" a newly appointed Assistant Public Prosecutor (APP) while arguing a criminal matter.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan lost their cool when a designated senior counsel tried to intimidate the lady APP by raising his voice.

"Mr advocate you need to stop this. We are not going to tolerate this. You cannot intimidate her like this. This is not expected from senior advocates. You just cannot intimidate a newly appointed APP," a visibly upset Justice Mohite-Dere told the senior advocate in open court.

The bench took exception to the conduct of the senior counsel, for speaking in high pitch and unnecessarily speaking in between when the APP was answering the queries put by the court. The judges noticed that the APP stopped speaking completely and was seen only standing in the court.

"Look at her face, she's scared. She is completely clamped up. You cannot do this to her. She is not a prosecutor but the officer of this Court first. In fact, she's very junior to you. You cannot treat her like this. Instead you should be protecting her. It is the duty of this Court to ensure no junior is bulldozed and we cannot just see that happening. You cannot intimidate or bulldoze juniors like this," the judges said.

The senior counsel, however, defended himself saying that he would be the last person to be accused of resorting to such tactics.

"In so many years of my practice, this is the first time, I am being told this. I will never use such tactics my lady," the senior advocate submitted.

The judges, however, said, that they could see the situation of the APP but probably the senior counsel couldn't.

"We can see what she is going through. Hope you too can see. Let us be very clear, and this is for everyone present in this court, you cannot intimidate juniors or prosecutors like this," Justice Mohite-Dere made it clear.

Further, the bench made the senior counsel understand that how important it is for every advocate to maintain the decorum of the court.

"It is very simple, when we are asking some questions to the APP, she will respond and you need to be sitting calmly. We will speak to you also. Opportunity will be given to you too. But you shouldn't just interfere and let someone not speak. Everyone be it senior or a junior, must maintain the court's decorum," Justice Mohite-Dere underscored.

The bench, eventually, adjourned the hearing for the prosecutor to take instructions and make submissions.

"Even you need not get intimidated by anyone. When we ask you any questions you have to answer us. Whether the answer is right or wrong, we can decide that but you need not stop speaking," the judges told the APP.