AIBA Chief Adish Aggarwala and CJI DY Chandrachud
The All India Bar Association (AIBA) has raised serious concerns about the treatment of lawyers in Indian courts, urging Chief Justice of India (CJI) DY Chandrachud to address instances of disrespect and mistreatment towards advocates.
In a letter penned by AIBA Chief Adish Aggarwala, a pattern of indifference towards complaints on this issue was highlighted. Aggarwala’s letter, sent as CJI Chandrachud’s retirement approaches, criticized the CJI's priorities, suggesting that his schedule has been more focused on public engagements than on addressing critical judicial concerns.
The letter brought attention to multiple appeals by lawyers’ groups, including the All India Bar Association, regarding the lack of dignity with which some advocates are treated in courtrooms. Aggarwala questioned whether this silence implies a lack of concern within the judiciary for the well-being of its own fraternity.
The letter further underscored that respect and decorum are essential between the Bench and Bar and that ensuring advocates are treated with dignity is crucial to maintaining the integrity of the justice system.
A specific incident at the Madurai Bench of the Madras High Court was cited in the letter, where Justice R. Subramanian allegedly displayed a lack of respect towards Senior Advocate P Wilson and another advocate during a virtual hearing. This exchange reportedly involved aggressive language, with Justice Subramanian berating the advocates, a conduct perceived as undermining the Bar-Bench relationship. Despite repeated representations from various bar associations, Aggarwala stated that no concrete action has been taken against the judge involved.
Aggarwala’s message conveyed a need for reform in the judicial system’s approach to courtroom conduct, expressing that advocates should not be viewed as subordinates to be subjected to unchecked judicial authority.
The letter flagged the issue of courtroom videos being misused, with some clips circulating online. To address these concerns, the AIBA Chief advocated for enforceable guidelines on judicial conduct to prevent incidents that compromise the dignity of advocates.
The letter also indirectly referenced recent criticism faced by CJI Chandrachud after he invited Prime Minister Narendra Modi to his residence for a private Ganesh Puja celebration, which some saw as compromising judicial impartiality. Chandrachud later clarified that this visit was strictly personal and that interactions with government officials often occur during formal events, unrelated to judicial matters.