BCI Seeks CJI Intervention Over AP HC Advocate’s Custody Order
The communication urged early intervention to restore confidence among advocates, particularly junior members, in the judiciary’s corrective role.
New Delhi: The Bar Council of India on Wednesday sought the intervention of Chief Justice of India Surya Kant over an incident involving a judge of the Andhra Pradesh High Court, who allegedly ordered a young advocate to be sent to 24-hour judicial custody over a procedural lapse.
BCI chairperson and senior advocate Manan Kumar Mishra described the conduct of Justice Tarlada Rajasekhar Rao as “grossly inappropriate” and “damaging to the confidence of the Bar”.
In a representation to the Chief Justice, Mishra said, "I most respectfully request your Lordship to kindly take immediate institutional cognizance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances. I further request that appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, Bar-Bench relations, and proportional exercise of contempt/judicial authority."
He said the representation was made to preserve the “dignity, moral authority and public confidence of the judiciary”, adding, "Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility".
The communication urged early intervention to restore confidence among advocates, particularly junior members, in the judiciary’s corrective role.
The controversy relates to proceedings held on May 5 before the Andhra Pradesh High Court. According to the BCI, a video circulating online shows the judge rebuking a young advocate for failing to produce a specific order copy during a hearing.
The letter stated that despite the advocate “repeatedly seeking pardon and mercy” and citing physical pain, the judge remained “unmoved”.
The judge allegedly told the lawyer, "now you will learn," and mocked his experience before directing court officials and police personnel to take him into custody for 24 hours.
The BCI said the action lacked proportionality and fairness. “The dignity of the court is not enhanced when a lawyer is made to beg for grace in open court and is still sent to custody for a procedural lapse,” the letter said.
“A young lawyer... Is an officer of the Court, still learning, still growing, and entitled to correction without humiliation,” it added.
The bar body said such actions could have a “chilling effect” on the legal fraternity and undermine the relationship between the Bench and the Bar.
