Amaravati: Bar Council of India (BCI) on Wednesday urged Chief Justice of India (CJI) Surya Kant to intervene and take action against Andhra Pradesh High Court Justice Tarlada Rajasekhar Rao for threatening to send an young advocate to jail
The BCI Chairman Manan Kumar Mishra drew CJI attention to a deeply disturbing incident of May 5 and said that it has caused serious concern amongst members of the Bar and the legal fraternity.
In the viral video, AP HC judge Rao appeared to threaten a young lawyer and said that he should be taken into judicial custody for 24 hours.
“The young Advocate is seen repeatedly seeking pardon and mercy before the Court, stating that he had not intended any disrespect and that he was in pain. Despite such repeated pleas, the learned Judge appears to have remained unmoved and directed the Registrar Judicial/Police authorities to take him into custody. Two police personnel were seen entering the court room to take him into custody too,” BCI Chairman said, in a letter written to CJI.
BCI said that the circumstances, as they appear from the video, are extremely troubling. The matter was apparently listed for production/availability of an order copy, and the counsel did not have the said order copy.
“For this, the young Advocate appears to have been rebuked in open Court, told that now you will learn, and was allegedly told that he thought of himself as a great Senior Advocate having about ten years of experience.
It is also seen that the learned Judge referred to the presence of other lawyers, including a Government counsel, as witnesses to the conduct. He was rebuked and told to file an appeal and/or sit for dharna at Bar Council,” BCI said.
The chairman said that the video raises grave questions of judicial temperament, proportionality, fairness, and the dignity of the bar. “An Advocate, particularly a young member of the profession, may be corrected, cautioned, or even proceeded against in accordance with law where the facts so justify. However, sending a young Advocate to judicial custody for 24 hours in such a manner appears, prima facie, to be grossly inappropriate and deeply damaging to the confidence of the Bar in the institution,” BCI Chairman Mishra said, demanding to consider appropriate administrative action including withdrawal of judicial work from the judge pending review.
Mishra further sought his immediate transfer to some far off High Court