Kerala HC Advocates Association Decides To Boycott Official Farewell Function For Justice Mary Joseph, Terms It 'Private'; To Hold Parallel Function

The Kerala High Court Advocates' Association (KHCAA) has called for a boycott of the official function to be held by the High Court on May 31 (Friday) for the farewell of Justice Mary Joseph who will retire on June 2 (Sunday).

Taking a deviation from the tradition, the High Court had announced that the function will be held in the Banquet Hall of the High Court, instead of the Chief Justice's Courtroom where the said function is usually held. It is stated in the Notice issued by the High Court about the event that the deviation is on account of a request made by the retiring judge.

It was also announced by the High Court that only the Chief Justice will speak during the event and that the retiring Judge will then reply to the same. It is customary for the Advocate General and the President of the Bar Association, among others, to speak during the farewell function. 

"We strongly protest the manner in which a public function has been converted into a 'private' function that too at the request made by the concerned Judge. The letter of the concerned judge clearly points out that the concerned Judge does not trust the confidence of the Bar in her", the letter issued by the Advocate Yashwanth Shenoy, the President of KHCAA. 

The KHCAA has objected to the official function stating that the reference cannot be "customised" at the request of a Judge and that traditions should not be tinkered with. 

The letter addressed to the Chief Justice says, "The President of the KHCAA speaks not for himself but conveys the message of the Bar on the occasion of a reference. By curtailing that right, you have set a bad precedent and the executive committee has requested its members not to attend the private function where the President is only expected to 'applaud' after the speeches of the Chief Justice and the concerned Judge."    

The KHCAA has also announced that it will conduct a separate farewell function on the same day i.e. May 31 where the President of the Association will deliver the farewell speech. 

It is pertinent that the President of the Association, Advocate Yashwant Shenoy had filed a Writ Petition challenging the alleged curtailment of the cause list of Justice Mary Joseph to just 20 matters. Shenoy had appeared in person before the High Court and had argued that fertile ground for corruption was created by curtailing the list to only a few cases as a question will then arise as to which cases will be listed. He had submitted that the son of the judge is practising as an Advocate before the High Court and that he has filed a complaint to ascertain whether the son is scouting for cases before the Court.

The High Court had dismissed the case holding that as per the High Court Rules, a Bench or Judge has the discretion to issue special or general directions regarding the posting of cases assigned by the Chief Justice.