'Senior Bar Member Must Be More Responsible' : Justice Dinesh Maheshwari Expresses Displeasure At Sr Adv Vikas Singh

Supreme Court judge Justice Dinesh Maheshwari on Wednesday expressed displeasure at the conduct of Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association, in raising an "unnecessary" objection about the order of hearing of cases in the court.

The bench comprising Justices Dinesh Maheshwari and Bela Trivedi, after hearing the fresh matters, straightaway took up one matter which was heard in part yesterday. Vikas Singh then made an interruption to make an objection. Justice Maheshwari pointed out that it was specified in the list that after fresh matters, the matters in supplementary list will be taken. But after Singh persisted with the objection, a heated exchange followed.

Singh : There are three courts which are having this problem. If there is a part-heard, the list should be showing that.

Justice Maheshwari : These matters in the supplementary list are only those matters which are placed on board from yesterday. If some matter is ongoing, will not priority be given for that matter over others? If for giving that priority, the bar is having a problem with that, then we will stop giving priority. That is what has been suggested.

Singh : Please appreciate, as the President of the Bar, it is my duty to point out if I feel there is a problem. But your lordship has explained.

Justice Maheshwari : What is left to us is we go on explaining every-time? You mentioned without having personally verified. Have you verified the facts yourself sir?You are the senior most member of the Bar, we expect more from you sir.  You should have been well versed with the facts.

Singh : I can't keep on finding out which matter was part-heard from yesterday. The list used to show part-heard matters.

Justice Maheshwari : If we say that these matters will be taken up tomorrow after fresh matters, whether they are part-heard or not, is it not a notice or not?

Singh : Which court which matter will be called out when is a problem which we are facing.  I have been practicing in this court for the last 32 years. This is a new problem which is coming up.

Justice Maheshwari : What is the problem, if yesterday's matter is taken up today?We don't understand.

Singh : I am not opposing that.  

Justice Maheshwari : Where is the complaint?

Singh : The complaint is that your lordships commented upon me.

Justice Maheshwari : Because you are a senior member.

Singh : Sorry I had every right to point out. I just mentioned it. I was leaving. Your Lordships stopped me. 

J. Maheshwari: You say that we "jumped" to the matter. It is clearly indicated in the list that after fresh matters, these matters will be taken. You have to more responsible, Mr.Singh. This is something very strange Mr.Singh.

Singh -Your Lordships are getting very excited. Please go ahead the matter.

Justice Maheshwari : Why are you using the expression "excited"?

Singh : I don't want to stop the hearing any further. Please go ahead with the matter.

Justice Maheshwari- You interrupted. Nobody is supposed to interrupt.

Singh : Please go ahead with the matter.

Justice Maheshwari : We will do what is required. We would expect a senior person to be more responsible before making a comment. You are not well versed with the facts, which you are not ready to accept. Whoever has instructed you has not instructed you properly. Do we not expect from the senior most person that at least he is posted with all facts? And you ask why we are agitated? If yesterday's matter is not taken up, what will happen? If it does not show as part-heard in cause-list, it must be a mistake.

Singh : The mistake by the registry must not be condoned. If registry makes a mention, no action will be taken?

Justice Maheshwari : The cause-list has already indicated that after fresh matters, these matters will be taken up. Even if it is not shown as part-heard, can't we say that? You are not ready to accept. This is absolutely not necessary. Is it not mentioned so in the casuelist?.

After terming Singh "interruptions" as "absolutely unnecessary", the bench proceeded to hear the matter.

When the bench was about to rise for lunch break

When the bench was about to rise for lunch break, another lawyer made a mention about another matter.

"I am not accustomed to answering every question", Justice Maheshwari said, who seemed to have been upset due to the earlier exchange with Singh. 

Senior Advocate V Giri, who was present in the court, at this point apologised on behalf of Singh.

"We the bar is very upset, we are very sorry that this has happened", Giri said.

Justice Maheshwari told Giri : Mr. Giri sir, please listen. In 3-4 months, I will be saying good bye to this institution. 19 years, this kind of approach, with greatest respect, I have not come across. I will always remain a member of bar. Respect should always be to the institution. When we say it, we mean it. So far as grievances are concerned, everybody is entitled to have. It is not that we don't commit mistakes. But there is a methodology. A particular method should be there. We all owe our duty to the institution. We respectfully say only this much.

Senior Advocate Siddharth Luthra said that the causelist was very clear that the part-heard matter will be taken up.

Justice Maheshwari continued, "The most painful thing is to ask anybody to be apologetic. I have never asked anyone to be apologetic. We are all part of institution. First time this kind of approach I have seen. Please don't embarrass us. There is nothing personal. There is a method sir. There is a particular way of presentation of things....We all have to respect each other, there is nothing like anybody trying to out-beat anyone else. We all exist for people. Are we here to march over others?".

"Senior members of the bar should be more disciplined", Justice Bela Trivedi weighed in.

Justice Maheshwari spoke about the importance of senior members leading by example.

"Whatever you do, you lead by example. I don't want to discuss anything in the absence of anyone. We all are here in the apex court, you need to have a different approach.

Also Read -Don't Tell Me Practice, I'll Decide What Practice Happens In My Court: CJI DY Chandrachud To Sr Adv Vikas Singh