Cordial relation between Bar & Bench necessary in courts: SC

PTI, Jan 9, 2022, 3:50 PM IST

Acordial relation between the Bar and the Bench is absolutely necessary for smooth running of the administration of justice in the courts, the Supreme Court has said.

A bench comprising Justices M R Shah and B V Nagarathna made the observation while disposing of an appeal filed by a lawyer, who had made derogatory comments against a judge of the Uttarakhand High Court.

Noting the conduct of the petitioner advocate, the high court had referred the matter to the Bar Council for taking action against him.

The advocate had approached the top court against the judgement of the high court.

“For smooth running of the administration of justice in the courts, a cordial relation between the Bar and the Bench is sine qua non and is a must. No advocate is benefited by unruly behaviour in the Court. “Ultimately it spoils the atmosphere in the court room and ultimately may spoil the case of the litigant and the litigant may have to suffer for no fault of him,” the bench said.

The lawyer practising in the Uttarakhand High Court tendered an unconditional apology for what happened before the high court due to which the impugned order came to be passed. He tendered an unconditional apology and filed an affidavit undertaking before the apex court that in the future no such untoward act shall take place at his behest.

The top court then asked the lawyer to appear before the judge of the high court and tender an unconditional apology and requested the high court to take into consideration the apology.

“We are happy to note that the learned single judge has shown the grace and has accepted the unconditional apology tendered on behalf of the petitioner. “By order dated December 24,2021, while accepting the unconditional apology tendered on behalf of the petitioner, the high court has recalled its earlier order,” the bench said.

“In that view of the matter, no further order is required to be passed by this Court, more particularly, when the learned single judge who has passed the impugned order has now recalled his earlier order by accepting the unconditional apology tendered by the petitioner. “Under the circumstances and in view of the above, the present proceedings shall stand disposed of,” the bench said.