A cordial relation between the Bar and the Bench is absolutely necessary for smooth running of the administration of justice in the Courts, the Apex Court has said.
A bench comprising Justice M R Shah & Justice B V Nagarathna made the observation while disposing of a plea filed by an Advocate, who had made derogatory comments against a Judge of the High Court of Uttarakhand.
Noting the conduct of the petitioner advocate, the HC had referred the matter to the Bar Council for taking action against him.
The Lawyer had approached the Supreme Court against the Judgement of the HC.
“For smooth running of the administration of justice in the courts, a cordial relation between the Bar & the Bench is sine qua non & is a must. No advocate is benefited by unruly behaviour in the Court.
“Ultimately it spoils the atmosphere in the court room & ultimately may spoil the case of the litigant & the litigant may have to suffer for no fault of him,” the Court said.
The Advocate practising in the Uttarakhand HC tendered an unconditional apology for what happened before the HC due to which the impugned order came to be passed.
He tendered an unconditional apology & filed an affidavit undertaking before the apex court that in the future no such untoward act shall take place at his behest.
The Supreme Court then asked the lawyer to appear before the Judge of the HC & tender an unconditional apology & requested the HC to take into consideration the apology.
“We are happy to note that the learned single judge has shown the grace & has accepted the unconditional apology tendered on behalf of the petitioner.
The bench said, “By order dated December 24,2021, while accepting the unconditional apology tendered on behalf of the petitioner, the high court has recalled its earlier order".
“In that view of the matter, no further order is required to be passed by this Court, more particularly, when the learned single judge who has passed the impugned order has now recalled his earlier order by accepting the unconditional apology tendered by the petitioner.
The bench stated that “Under the circumstances & in view of the above, the present proceedings shall stand disposed of".
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