Justice JJ Munir, Allahabad High Court
Lawyers Work Like Soldiers In Peace Yet Face Relentless Criticism: Allahabad High Court Imposes Cost On Gram Pradhan For Threatening Advocate
|The case involved a dispute over land encroachment.
The Allahabad High Court imposed a cost of ₹25,000 on the Gram Pradhan (village head) of Bahadurpur Kachhar Hetapatti for speaking to an advocate in a derogatory and threatening manner.
The case involved a dispute over land encroachment.
A Bench of Justice JJ Munir emphasized the gravity of the situation, observing that a litigant threatening a lawyer amounted to a serious offense, nearly crossing the threshold of criminal contempt of court. The Court said, "It is sad that Members of the Bar, who virtually work like soldiers in times of peace to secure justice for citizens, are hurled with words of criticism from all quarters for the slightest human lapse or even matters beyond their control, working as they are under a very strained judicial system."
The Court added, “We did spare a thought of referring this matter to the criminal contempt Bench, forwarding the sixth respondent to that Bench, to be dealt with in accordance with law. But, given his unconditional remorse, we eschew that course and, instead, think that ends of justice would be met by administering him a severe warning to be careful in future and imposing upon him costs of Rs. 25,000/-, out of which Rs. 10,000/- will be paid to Mr. Waseem Akhtar, learned Counsel representing the petitioner before the Tehsil and Rs. 15,000/- deposited in account of the State Legal Services Authority.”
Advocate Dhirendra Kumar Srivastav appeared for the petitioner and Advocate Azad Rai appeared for the Respondents.
During proceedings, it came to the Court’s attention that Waseem Akhtar, the counsel for the petitioner and a practising advocate had been subjected to severe intimidation by the Gram Pradhan.
The High Court took a stern view of these allegations and summoned the Gram Pradhan to appear before it. In his response, respondent no. 6 expressed unconditional remorse and gave an assurance that he would refrain from such behavior in the future.
The Court, after reviewing the transcript of a recorded phone call between respondent and Akhtar, found that respondent had used not only aggressive language but had also made derogatory remarks about the legal profession as a whole. The Court emphasized that such statements go beyond personal insult and strike at the integrity of the legal system, of which the Bar is a foundational pillar.
The Court said, “Speaking in derogatory terms, about the legal profession, does not affect the profession alone but the entire Judicature of which the Bar is an integral part.”
The Court took this opportunity to underscore the critical role that lawyers play in the justice delivery system, noting that they often serve under intense pressure and with limited resources. The Court observed that while courts frequently remind advocates of their responsibilities, little attention is paid to the difficulties and public criticism they endure in fulfilling their duties.
“There are not hundreds but thousands of remarks by courts of justice reminding members of the legal profession about their duties towards the litigants, the Court and their adversaries, virtually admonishing them, but very little has been thought about the strain under which the most important part of the judicature, that is to say, the Bar, functions in order to secure justice for the litigants,” the Court stated.
The matter has been listed for a fresh hearing.
Cause Title: Bano Bibi vs State of UP & Ors.
Appearance:
Petitioner: Advocates Dhirendra Kumar Srivastav and Rajesh Kumar Srivastava
Respondents: Advocates Azad Rai, Dhani Ram Pal, Dheeraj Kumar Yadav, Janardan Prasad Patel