New Delhi, India – The Supreme Court on Thursday expressed strong disapproval of the unfounded accusations leveled against its judges in a legal challenge regarding the assignment of senior designations to certain attorneys. The judicial duo presiding over the matter, Justices B R Gavai and K V Viswanathan, addressed the claims presented in the plea, which suggested a nepotistic bias in the legal community toward judges’ relations who are lawyers.
The petition, initiated by advocate Mathews J Nedumpara alongside several practicing lawyers, contended that the process of conferring senior status on lawyers was not only discriminatory but also unconstitutional. They argued that this practice divided the legal profession into two distinct classes, essentially granting undue advantages to a select group of lawyers.
During the hearing, tensions escalated as Justice Gavai sharply rebuked Nedumpara for the manner in which arguments were presented, likening it to public oration rather than legal reasoning. “This is a court of law, not a venue for grandstanding like at a boat club or Azad Maidan in Mumbai,” Justice Gavai remarked.
Despite the heated exchange, the court offered Nedumpara the opportunity to revise the petition to address its controversial assertions. The court indicated a readiness to take necessary actions should these changes not be implemented, highlighting the seriousness with which it regarded the allegations.
At one point, the bench queried Nedumpara to list any judges whose children had been designated as senior counsel, pointing to the lack of substantive evidence supporting the claims of nepotism.
The justices deliberated on whether to proceed immediately but decided to grant Nedumpara and his co-petitioners four weeks to reconsider their legal strategy and amend the contentious parts of their plea. The court emphasized the necessity for removing the ‘scurrilous averments’ if the petitioners wished to continue their challenge.
The plea in question challenges sections 16 and 23(5) of the Advocates Act. It claims that these sections, which differentiate between senior advocates and other advocates, have led to significant disparities and unintended consequences that the legislators did not foresee.
Further stirring controversy, the petition also seeks to nullify the recent decision by the Delhi High Court to award senior designations to approximately 70 lawyers, alleging that this latest round of designations exemplifies the ongoing issue of unequal treatment among lawyers.
This matter has thus not only brought the specific issue of lawyer designations under scrutiny but has also highlighted broader concerns about fairness and equality in the Indian judiciary system.
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