"Do All These Gimmicks In The Parliament, Not Before Us": Madras HC Bench Reprimands Senior Advocate And Rajya Sabha MP P Wilson, Recuses From Hearing Case

A Division Bench at the Madurai Bench of the Madras High Court recently reprimanded Senior Advocate and Rajya Sabha Member P. Wilson and his instructing counsel, after Wilson supposedly sought the recusal of one of the Judges from hearing a batch cases on the basis that the Writ Petition involved in some Writ Appeals were admitted and interim orders were passed by the said Judge. 

The Bench of Justice R Subramanian and Justice L. Victoria Gowri recused from hearing the case and ordered that the case be posted before the Chief Justice of the High Court for posting before the appropriate bench. 

Upset over the submissions of Wilson on September 26, the Bench dictated an order, "Learned Senior Counsel appearing for the TNPSC (Tamil Nadu Public Service Commission) makes an irresponsible submission and seeks recusal of one of us because the Judge concerned has admitted the Writ Petition and granted an interim order. This is preposterous. We place this matter before my lord the Hon'ble Chief Justice for recommending suitable action against the Senior Counsel". 

Upon Wilson's attempt to pacify the Bench, Justice Subramanian remarked, "I am not going to change my order. This is not the way you should behave. I am very sorry". 

"I never meant...", said Wilson.   

"Oh. Fantastic Mr. Wilson. Fantastic. Do all these gimmicks in the Parliament, not before us. We are not entertaining it", said Justice Subramanian.

The Court continued to dictate its order, "Senior Counsel appearing for TNPSC makes an irresponsible statement before the Court and seeks recusal of one of us on the ground that the judge has entertained the Writ Petition and granted an interim order. This according to us is demeaning this Court and highly disrespectful. Hence we don't propose to hear this case. We direct the Registry to place this matter before the Hon'ble Chief Justice for suitable orders". 

The Division Bench was hearing a batch of cases which included some Writ Appeals and Writ Petitions. In some of the Writ Appeals, interim orders were passed by Justice Victoria Gowri. The Writ Petitions pertained to appointment to the posts of Group II A under the Ex-Serviceman Category. 

"One minute my lord. Your lordship should pardon me, my lord. As an officer of this Court....", pleaded Senior Advocate Wilson. 

Justice Subramanian replied, "I am very sorry. I never expected that you guys would stoop to such levels. I never expected this, from you particularly. I am so sorry Mr. Wilson. You don't behave like an officer of the Court. I am so sorry". 

"We admit so many cases every day. We take them up for final hearing. What is wrong?", asked Justice Subramanian

"Your Lordship should pardon me, my lord", submitted Wilson.  

Justice Subramanian replied, "You guys think you can do anything. Try your tricks elsewhere. Not before me. I am very sorry". 

"Kindly pardon me my lord", repeated Wilson.  "You need not seek our pardon sir, you are bigger than us", said Justice Subramanian to Wilson.  

"I am ready to argue", added Wilson. "We are not hearing you", said Justice Subramanian. 

"Kindly give me an opportunity. I will convince your lordships", pleaded the Senior Advocate. "We will not touch this case. You have achieved your object, take the next case", replied Justice Subramanian.  

Justice Subramanian added, "We are admitting hundreds of cases everyday. We are admitting your own appeals. We are hearing the other side and passing orders. Just because a Judge grants an interim order, you make it as an objection". 

"I apologise if your lordship feels that I have hurt your lordships", Wilson submitted.  

"You have hurt us", Justice Subramanian said.  

The Judge then turned to the Counsel instructing Senior Advocate Wilson on behalf of TNPSC, "Is this the way you instruct a Senior Advocate? You are also responsible for this. Because you are appearing for TNPSC, you don't have two horns. You are also ordinary Lawyer. Behave properly. Dont invite the displeasure of this Court. I am very sorry to say that. This is not the way you should behave. .... All cheap tricks are being played in the Court. I will be the last person to entertain all this nonsense. Dont ever try this with me again. Fortunately, I have got only another seven months. This degradation is going to take you nowhere. Be careful. Dont try all these tricks here".

Justice Subramanian continued, "My God. What's happening to the High Court? It's a Charted High Court Mr., don't demean it. You guys have the guts to come and say- because a Judge has admitted it, we should not hear it".  

"Not admitted, orders passed my lord", Wilson submitted, trying to justify his stand.  

"Only interim order has been passed", Justice Subramanian replied.  

"No, my lord. Directions passed. There is a positive direction. What remains to be agitated", said Wilson and the Court replied by saying, "That's only interim direction. Final disposal by another Judge".  

The Court thus adjourned the cases, to be placed before the Chief Justice for posting of the cases.