Advocate Attempts To Manhandle Govt Counsel In Open Court: Orissa High Court Directs Action By ‘Appropriate Authority’

In an ugly turn of events, the Orissa High Court has directed action against an Advocate for his prima facie contemptuous conduct of attempting to manhandle a government counsel during the hearing of a case in open Court. Expressing shock over the incident, the Single Bench of Justice Sanjeeb Kumar Panigrahi observed,

“Advocates appearing before the Courts are the officers of the Court and are expected to maintain decorum and respect towards the Bench. However, such unruly and aggressive behaviour of Mr. Bahali, Advocate not only undermines the majesty of Court but also undermines the decorum of the Court which is totally uncalled for and cannot be tolerated. Due to this unsavoury incident, the Court proceedings was seriously affected.”

The Court was hearing a writ petition filed by the mother of a boy who died while remaining under police custody. The petitioner had demanded a compensation of ₹50 lakhs for unnatural custodial death of her son.

The Court, on the previous date, had ordered the personal appearance of certain police personnel who were accompanying the deceased-boy in a train from Mumbai to Kolkata when he died. It was stated by the police that on the fateful day, the deceased informed them about his uneasiness and suddenly went towards the entrance door of the train and jumped out of the moving train resulting in his untimely demise.

Biplab P.B. Bahali, counsel appearing for the petitioner vehemently opposed the statement made by the police officer and submitted that the statement made by the police is blatantly false and fabricated.

At this juncture, Gyanaranjan Mohapatra, Additional Standing Counsel appearing for the State opposed the submissions of Advocate Bahali and hot exchange of words with abusive language erupted between the two in the open Court.

Subsequently, being enraged, Advocate Bahali attempted to manhandle ASC Mohapatra shouting that “you being too junior should not make such type of statement and you are always mischievous and misbehave with senior colleague”.

Justice Panigrahi, at this point of time, tried to intervene and requested both the counsel to calm down and not to spoil the congenial atmosphere of the Court. The Judge also asked them to maintain proper decorum as they are officers of the Court.

However, to the utter shock of the Court, Advocate Bahali aggressively replied the Bench saying that the Court may take any action against him, he does not care for that, even the Court may write against him to the Bar Council or the Chief Justice of India he does not care.

“Such misbehavior of Mr. Bahali, learned Advocate appearing for the petitioner towards the Court demeans the sanctity of the Court and impedes the smooth functioning of the Court,” Justice Panigrahi observed with utmost dismay.

The Court was of the considered opinion that the conduct of Advocate Bahali was totally unbecoming of an Advocate and prima facie constituted a case for criminal contempt punishable under Section 14 of the Contempt of Courts Act, 1971 read with Article 215 of Constitution.

“In view of the above, let the matter be placed before the appropriate authority to take steps as per law,” ordered the Court.

Case Title: Basanti Puhan v. State of Odisha & Ors.

Case No.: W.P.(C) No. 27928 of 2023

Date of Order: September 05, 2023

Counsel for the Petitioner: Mr. Byomakesh Tripathy, Adv. Mr. Biplab P.B. Bahali, Adv.

Counsel for the State: Mr. Gyanaranjan Mohapatra, Addl. Standing Counsel

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