The All India Bar Association Chief Adish Aggarwala wrote to Chief Justice DY Chandrachud that his lack of acknowledgement regarding a troubling pattern of disrespect towards lawyers raises serious concerns. Taking a critical jibe at the CJI, who is due to retire soon, Adish wrote that Justice Chadrachud’s precious time appears to be ‘focused in attending functions in different parts of the country.’

Citing that several appeals about the indignity with which advocates are treated within courtrooms were met with silence and inaction, the Bar Association chief asked whether this means that the judiciary is not concerned about the well-being of its fraternity members. “As the Chief Justice of India, it is paramount that you should ensure that Senior Advocates and other advocates are treated with the utmost dignity and respect by Hon’ble Judges of the High Court during court proceedings. With a profound sense of urgency and concern, I address this matter as it continues to negatively impact the legal community and compromise the very fabric of our justice system,” his letter read.

Highlighting the lack of respect between the Bar and the Bench, Adish’s letter specifically mentioned an incident involving the Madurai Bench of the Madras High Court. During a virtual proceeding, Justice R Subramanian was allegedly observed being disrespectful towards a senior advocate P Wilson and an advocate on record. The judge seemed to berate the advocates, engaging in an aggressive argument. “Despite various representations from Bar Associations and the All India Bar Association, Your Lordship has not taken any concrete action against the errant judge,” the letter read.

Explaining how this highlights a critical flaw in the judiciary’s approach to courtroom decorum, Aggarwala further mentioned that advocates cannot be treated as servants, subjected to unchecked authority and contempt. His letter also pointed out the misuse of courtroom videos, some of which are circulated widely on the internet. “...establishing clear, enforceable guidelines on judicial conduct is essential..,” he wrote.

CJI Chandrachud, who was recently under fire for inviting Prime Minister Narendra Modi to his residence during Ganesh puja, is due to retire later in November. Addressing the controversy, Chandrachud recently said that the PM’s visit was ‘private’, and that people must trust judges because ‘deals are not cut like this’. 

"We meet in Rashtrapati Bhawan. We meet on the occasion of the 26th of January, on the 15th of August. When an incoming Chief Justice is coming when an outgoing Chief Justice is going...when a foreign head of state is visiting and you are in conversation with ministers, you are in conversation with the Prime Minister. You are in conversation with the president with the vice president. Now, these conversations do not involve conversations about the cases which we decide but conversations about life and society in general," the CJI said at the Indian Express Adda event.