‘Do Not Become Adjournment or Pass Over Counsel, Become Arguing Counsel Yourself’: Justice BV Nagarathna To Young Lawyer

This remark was made during today’s court proceedings, when a junior lawyer requested a bench of Justices Nagarathna and Ujjal Bhuyan to adjourn the hearing of a case, citing the ill-health of the ‘main counsel’.

“You are there, so you argue,” Justice Nagarathna said, encouraging the counsel to step into the shoes of the ‘main counsel’ today, “If there is any difficulty, we will assist you.”

While the bench ultimately agreed to grant an adjournment after noting her reluctance, Justice Nagarathna gently scolded her for not being aware of the facts of the matter. Smiling, the judge said –

“You didn’t bring the files? In small cases like this, you must argue. Otherwise, when will you start arguing, hmm? Do not become only an adjournment counsel, or a pass-over counsel. You must become a counsel – an ‘arguing counsel, or a ‘main counsel’ yourself, and eventually a senior counsel.”

This is not the first time that a Supreme Court judge has urged a junior lawyer to argue in their senior’s stead. Earlier this year, a bench headed by Justice Dinesh Maheshwari, who has since retired, took exception to young lawyers coming to court without being sufficiently prepared.

During a farewell function, former Supreme Court judge AK Sikri had also highlighted the role of judges and senior lawyers in grooming younger members of the legal fraternity and encourage them to argue. He had also encouraged lawyers at the early stages of their career to ‘seize the opportunity’ when prompted by a  bench to argue in the absence of their seniors –

"It is the duty of judges and senior lawyers to ensure that the budding lawyers are groomed well because they are the future of the system. I have also been trying to encourage junior lawyers in my court…The judges always read the briefs. We know notice will be issued in a particular case. If a junior then asks for a pass-over, we will still ask him to tell us what the case is. So we feel disappointed when we hear they want a pass over. Seize these opportunities! No judge will dismiss the case, even if it is to be dismissed, in your presence! He will ask you to call the senior so that the blame doesn't come on you. So when we prompt, argue!”