Heated exchanges with advocate should not lead to costs: Jammu and Kashmir High Court
The Jammu and Kashmir and Ladakh High Court granted relief to the Senior Advocate and said the matter should have been resolved in open court. (Image generated using AI)
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Observing that heated exchanges between the bar and bench during arguments are not uncommon, the Jammu and Kashmir and Ladakh High Court has quashed a tribunal order imposing Rs 10,000 in costs on a Senior Advocate without giving him an opportunity to be heard.
A division bench of Justices Sanjeev Kumar and M A Chowdhary said judges should exercise restraint rather than escalate such exchanges into contempt proceedings or impose costs on advocates.
“It is not uncommon that during the course of arguments sometimes there is heated exchanges between the Bar and the Bench. However, the Bench should forebear from escalating it to the level of initiating contempt proceedings against the advocates or imposing costs…”, the court said in its October 21 order.
‘Very small matter’
The court had on October 13 sought to resolve the dispute through mediation and directed the petitioner and both members of the tribunal to appear before it in chambers. However, while the petitioner appeared in person, the tribunal members failed to appear despite being served with notices. An attempt to facilitate their appearance through video conferencing also failed, as they did not respond to calls from the tribunal’s registry.
The court found that the tribunal’s order imposing Rs 10,000 costs on the advocate was in complete breach of principles of natural justice and that the dispute, involving a “very small matter”, ought to have been resolved in open court.
Justices Sanjeev Kumar and M A Chowdhary said the tribunal’s order was passed ‘contrary to the law’ and in sheer breach of the principles of natural justice.
“We have gone through the order impugned and find the same in complete breach of principles of natural justice in that a cost of Rs 10,000 has been imposed upon the learned Senior counsel without even affording him an opportunity of being heard and that too on a very small matter which ought to have been sorted out in the open Court,” the court said.
It added that the bench should always make an effort to avoid such undesirable situations. “Had the learned Members of the Tribunal shown some level of restraint and maturity, the unpleasant situation leading to issuing contempt notice against Senior Advocate could have been avoided,” the court observed.
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At the same time, it stressed that advocates appearing before the court, particularly senior advocates, have a higher responsibility to ensure that the dignity and decorum of the court is maintained at all costs and small differences in perception do not escalate to an unsavoury and unpleasant atmosphere, driving a wedge between the bar and the bench.
The court thus said it wished to close the matter and quashed the tribunal’s order passed in “contrary to the law and in sheer breach of principles of natural justice”.
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Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More
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