Madras High Court Expunges Critical Remarks Made Against Sr Advocate P Wilson, Says Action Has Been Taken To Stop Broadcast Of Video Of Hearing

The bench of Justice R Subramanian and Justice Victoria Gowri ordered the registry to delete the remarks against the Senior Advocate after the counsel on record for the Tamil Nadu Public Service Commission submitted a memo stating that the counsels never intended to seek for a recusal of the judge and were merely laying down the facts of the case before the bench. The bench also asked the registry to place the matter before another division bench as per the orders of the Chief Justice.

“A detailed memo has been filed by the counsel on record for appellant stating that it was not the intention of the appellant or the counsel on record or the senior counsel who had appeared on 26/9/2024 before us to seek recusal of one of us. Accepting the statement made and the memo, the order dated 26/9 is recalled in part. The observations made by this court against the senior counsel are deleted. The registry is directed to place the matter before other division bench as per the orders of the Chief Justice,” the bench ordered.

With respect to the circulation of video clippings from the court hearing, Justice Subramanian said that the computer committee was already seized of the matter and that the police had also launched investigation into the unauthorised recording of the court hearing and its circulation.

“The Computer Committee is already seized of the matter. Police have launched an investigation. We'll be getting at the person who recorded the video in a few days time. That progress is being made. We've already asked the cyber crime wing to stop the broadcast of the video,” the court said.

Recently, a video clipping of the court hearing was circulated on WhatsApp and other social media where the Senior Judge of the bench was seen criticising and reprimanding Wilson when the latter pointed out a possible conflict of interest in a case.

The court was hearing an appeal preferred by the Tamil Nadu Public Service Commission (TNPSC). Wilson, appearing for the TNPSC informed the court that one of the judges from the bench (Justice Victoria Gowri) had already admitted the writ petition and given positive directions on the same. Following this, the senior judge, got agitated and criticised Wilson for seeking a recusal.

“Learned Senior Counsel Appearing for the TNPSC makes an irresponsible submission and seeks recusal of one of us because the judge concerned has admitted the petition and granted an interim order. This, according to us is demeaning the court and highly disrespectful. Hence, we don't propose to hear the case. We direct the registry to place the matter before the Honourable Chief Justice for suitable orders,” the court had observed in its order on 26^th September.

Following this, bar bodies across the State wrote to the Chief Justice of India and the Chief Justice of Madras High Court criticizing the remarks made by the senior judge. The All India Bar Council and the Bar Council of India also wrote to the CJI calling for reforms to address the increasing incident of judges disrespecting lawyers.

On Tuesday, Senior Advocate S Prabhakaran, appearing for TNPSC informed the court that the counsel never intended to seek a recusal and was merely informing the court of the previous orders. He added that all the counsels had high regard for the court. He added that being lawyers, they had a duty to bring to the court's attention all the orders.

Following this, the court agreed to delete the critical remarks made against Wilson and ordered accordingly.

Case Title: The Secretary v B Selvam and Another

Case No: WA (MD) 1471 of 2024