Amid outrage over Justice Arun Mishra’s remarks against senior advocate Gopal Sankaranarayanan during a court hearing two days ago, the Supreme Court judge has “expressed regret for his outburst”. However, he added that “arrogance is destroying this great institution and the Bar has a duty to protect it.”
Senior advocates, led by Kapil Sibal, Mukul Rohatgi, Abhishek Singhvi and Supreme Court Bar Association president Rakesh Khanna, brought up the issue as soon as a bench of Justices Arun Mishra and MR Shah assembled in the court today.
“If anyone feels hurt, an animal or plant or any living creature to say, I apologise. I know you’re not seeking my apology but I do apologise to any living creature if I had caused any harm. Gopal is half of our age, even to those younger, I apologise a hundred times,” Justice Mishra said in open court room today.
While conceding that he has always been criticised in his career, he added that he respects the Bar more than any other judge. “Lawyers should not show arrogance if queries are put forth to them by the Bench. I have not drawn any contempt against any lawyer throughout my career as a judge,” Justice Mishra told the group.
During a hearing by a five-judge Constitution bench on the Land Acquisition Act on Tuesday, Justice Mishra had threatened to initiate contempt proceedings against Sankaranarayanan when he was advancing his arguments in the case.
“Are you retorting? How dare you? One more word and I will issue contempt against you and ensure you are convicted,” Justice Mishra had said.
Sankarnarayanan then picked up his files and stormed out of the court without concluding his arguments.
The proceedings in court drew sharp criticism from the Supreme Court Advocates-on-Record Association (SCAORA) and the Advocate-on-Record Association (SCAORA).
“The SCAORA expresses its deep concern over the threat of contempt proceedings and conviction by Justice Arun Mishra to Gopal Sankaranarayanan, while he was performing his professional duties. Several members of the Bar have repeatedly been raising such grievance about the unwanted treatment and passing personal remarks by Justice Mishra,” the SCAORA noted.
“We request Justice Mishra to be little bit more patient in dealing with lawyers,” it said.
While condemning the episode, Vikas Singh, senior advocate and former President of the SCBA, said in a letter, “Terrorising the lawyers under the threat of contempt and not allowing them to argue under that threat undermines the very fundamentals of the justice delivery system.”
The Bar Council, however, condemned the statements and resolutions issued by lawyer bodies and said that differences must be resolved in a more dignified and tactful manner.