The Supreme Court has issued a stern warning to a small set of senior lawyers and advocates, known as “the Shouting Brigade”, asking them to curtain their tendency to raise their voices during arguments particularly at times when the court disagrees with them.
A five-judge constitution bench comprising Chief Justice Dipak Misra along with Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan took exception to the conduct of these lawyers noting that raising voice during arguments means that either the lawyer is not competent or “is inadequately prepared with the case.”
The bench reminded the lawyers that they are known as “the minister of justice” and “officers of the court.”
Non-Decorous Behaviour Harms Judiciary’s reputation
The bench’s tough talk was prompted by concern expressed by the former solicitor general Gopal Subramanium, that the non-decorous manner in which advocates were presenting their arguments was harming the judiciary’s reputation.
The CJI regretted the arguments put forth by senior advocates Kapil Sibal, Rajeev Dhavan and Dushaynt Dave in the Ayodhya case and the conduct of Dhavan while arguing for Delhi government regarding its turf war with the Centre earlier in the week.
Calling the behaviour of senior counsel “atrocious” in the Delhi case and in the Ayodhya case, the CJI pointed out that the two counsels who were representing the Delhi government had contradicted each other, which made it hard for the court to understand the stance of the party.
The CJI said such behaviour was not “the tradition of the bar” adding that if the bar did not regulate themselves, the court will be forced to do so.
