The All India Bar Association (AIBA), as well as several bar bodies across Tamil Nadu have written to the Chief Justice of India (CJI) DY Chandrachud, condemning the outburst of Madras High Court Justice R Subramanian against advocate P Wilson. AIBA also expressed concern about the breach of confidentiality, as a video clip of the incident was widely circulated on social media. The association has also sought the CJI to constitute a monitoring committee headed by a retired Supreme Court judge to oversee virtual court proceedings.
The outburst of the judge took place during the hearing of a case pertaining to the Tamil Nadu Public Service Commission (TNPSC) by the Madurai bench of the Madras High Court. A bench of Justices R Subramanian and L Victoria Gowri was hearing the matter when senior advocate Wilson, on behalf of TNPSC, reportedly placed on record an earlier order passed by justice Victoria in the same matter. This led to a heated discussion between Justice Subramanian and the senior advocate.
In the 5-min long video clipping, which is circulated on several whatsapp groups and social media, the judge is heard passing the order: “The learned senior counsel appearing for the TNPSC makes an irresponsible submission and seeks the recusal of one of us because the judge concerned has admitted the WP (Writ Petition) and granted the interim order. This is preposterous…. This, according to us, is demeaning this court and highly disrespectful. Hence, we direct the registry to place this case before the hon’ble chief justice for suitable orders.”
The senior counsel is seen apologising profusely and saying that he did not ask for a recusal. However, the judge continues by saying, “Oh! fantastic Mr Wilson, fantastic! Do all these gimmicks in the Parliament, not before us. We are not entertaining it.”
“I am very sorry. I never expected that you guys would stoop to such levels. I never expected this, from you particularly. I am so sorry Mr Wilson. You don't behave like an officer of the Court. I am so sorry,” the judge said, to which Wilson is heard saying that it was his duty to place the matter before record in the court.
“You guys think you can do anything. Try your tricks elsewhere. Not before me. I am very sorry,” Justice Subramanian said and added, “You need not seek our pardon sir, you are bigger than us. We are not hearing you…We will not touch this case. You have achieved your object.” The judge is seen continuously reprimanding the advocate and accusing that “cheap tricks” are being played in the court.
While Wilson sought apology if he hurt the judges, the judge says, “You have hurt us” and continues, “Because you are appearing for TNPSC, you don't have two horns. You are also an ordinary Lawyer. Behave properly. Don't invite the displeasure of this court. I am very sorry to say that. This is not the way you should behave. What you are sorry? All cheap tricks are being played on the court. I will be the last person to entertain all this nonsense. Don’t ever try this with me again. Fortunately, I have got only another seven months. This degradation is going to take you nowhere. Be careful. Don't try all these tricks here…. You guys have the guts to come and say - because a Judge has admitted it, we should not hear it”.
Despite Wilson’s apologies, the court directed to post the matter before the Chief Justice of Madras High Court.
In its letter, AIBA said that Justice R Subramanian shouted and used inappropriate language at advocate Wilson during a court hearing. Pointing out that the bench, “in its apparent anger”, went on to record that Wilson made remarks demeaning the court, the association said that this “misrepresentation has the potential to have long-reaching implications for the judiciary, as it sets a dangerous precedent”.
Stating that this official record of the matter could “embolden similar behaviour” in the future and intimidate other legal professionals from raising legitimate concerns in court, AIBA said, “Advocates must feel free to carry out their professional responsibilities without the fear of being unjustly accused of undermining the court’s authority. The court's actions in this case are particularly troubling because they signal a shift towards an environment where judicial criticism and reasonable discourse are stifled, rather than encouraged in the spirit of justice.”
Further, AIBA raised serious concerns regarding the circulation of the video clip. The association pointed out that the Madras High Court's video conferencing rules expressly prohibit the downloading, sharing, and circulation of court proceedings and that there was no explanation on how the video of the proceedings was widely circulated. “This breach of confidentiality is highly concerning,” it said.
The association went on to place four requests before the CJI: framing clear guidelines that mandate judges to maintain respectful communication and professional behaviour in courtrooms; form an easily accessible Redressal Committee to address complaints of mistreatment or unprofessional conduct by judiciary members, ensuring a transparent review process and corrective actions when necessary; protection of human rights of advocates; and form a monitoring mechanism, led by a retired Supreme Court judge, to review virtual court proceedings and ensure judges and advocates adhere to professional conduct norms.
Apart from AIBA, several district bar associations and the Federation of Bar Associations of Tamil Nadu and Pondicherry have written to the Madras High Court Chief Justice K Sriram, raising concerns about the behaviour of the judge.