NEW DELHI: The Madhya Pradesh High Court reprimanded a lawyer for allegedly claiming in court that only accused represented by senior advocates receive bail.
The court observed that such remarks cast doubt on the fairness and impartiality of the judiciary and could amount to contempt of court.
Justice Ramkumar Choubey Objects to Lawyer’s Submission
Justice Ramkumar Choubey made the observations while hearing a bail application on May 6.
According to the court order, advocate Saini argued that in similar cases under the Essential Commodities Act, bail had been granted only when accused persons were represented by senior advocates.
The lawyer also reportedly submitted that denying relief to his client merely because he was represented by a “junior advocate” would not be appropriate.
Court Says Remarks Suggest ‘Extraneous Considerations’
The bench took serious exception to the statement, observing that it attributed “extraneous considerations” to the functioning of the judiciary.
The court said such submissions undermined the dignity and credibility of the high court.
Justice Choubey also directed the lawyer to produce any court orders supporting his allegation that bail was routinely granted only to clients represented by senior lawyers.
Court Warns Remarks Could Invite Contempt Proceedings
The bench noted that the submissions appeared derogatory in nature and could justify initiation of contempt proceedings against the counsel.
However, when the matter came up again on May 8, advocate Saini tendered an unconditional apology before the court.
Lawyer Apologises, Court Drops Contempt Action
The lawyer clarified that he neither possessed nor knew of any orders supporting his earlier claim.
He stated that his remarks were largely influenced by an order passed by a co-ordinate bench in another matter.
Taking note of the unconditional apology, the court decided not to initiate contempt proceedings.
Court Cautions Lawyer on Judicial Decorum
While declining to proceed further, the court cautioned the advocate to remain mindful of the sanctity of judicial proceedings and to exercise restraint while addressing the bench.
Justice Choubey said lawyers must remain specific and circumspect while making submissions before the court.
