Advocates Can't Be Discourteous Or Use Intemperate Language Against Judges: Allahabad High Court

In suo moto contempt proceedings against a lawyer, the Allahabad High Court has held that Advocates, being officers of the court must be courteous towards the Judges.

The Civil Judge (Junior Division/Fast Track Court (CAW)), Kanpur Nagar made a reference to the High Court regarding conduct of the contemnor advocate in proceedings before the Court on 03.02.2023. It was stated that the contemnor had questioned the Presiding Officer as well as snatched the files from the Court staff. It was stated that the contemnor had also misbehaved on other dates of hearing.

The Presiding Officer and the High Court both were not satisfied with the apology tendered by the Advocate and he was directed to tender fresh unconditional apology. Thereafter, the Advocate submitted a fresh affidavit stating his unconditional apology.

Counsel on behalf of the Advocate pleaded that the latter is a young advocate with no previous record.

The bench of Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary observed,

“instances of the kind in which the advocates show discourteous behaviour towards the Presiding Judge cannot be tolerated. The Judges can function only in an cordial atmosphere. Being an Officer of court an Advocate cannot be expected to be either discourteous to the Judge or use intemperate language against the Presiding Officer.”

Though the Court was inclined on taking a serous view, but keeping in mind that the contemnor was a young advocate with no previous records, the Court left him with a warning. The Court directed the District Judge to submit a report after 2 years regarding the conduct of the contemnor.

Case Title: In Re v. Shri Yogendra Trivedi [CONTEMPT APPLICATION (CRIMINAL) No. - 7 of 2023]

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