Advocates Expect Judges To Be Sensitive To Their Health Issues: Kerala HC Bar Association Writes To CJ About 'Several Complaints' Received Against Justice Badharudeen

The Kerala High Court Advocates' Association (KHCAA) has written a letter to the Chief Justice of the Kerala High Court stating that it has received several complaints about Justice A. Badharudeen's alleged misbehaviour towards Advocates in Court.

"The Association has received several complaints against Justice A Badharudeen as regards his inappropriate conduct / Misconduct / Misbehaviour in the courtroom while dealing with Advocates. Most advocates complained of humiliation and insensitivity they face while discharging their duties in the court of Justice A. Badharudeen", says the letter issued today by the KHCAA to Chief Justice AJ Desai.

The Association encloses with its letter, a complaint received by it from one of its members against Justice Badharudeen.

As per the complaint sent by Advocate Jayakumar Namboodiri to the President of the Association, since he was suffering from back injury and pain, he mentioned a matter that was listed before the Bench of Justice Badharudeen at 10.15 am seeking an adjournment. According to the complaint, even the opposite counsel had no objection to the same. But the Judge rejected and request and he had to wait in the Court. However, the other lawyers in the Court compelled him to go to the hospital upon seeing his condition and assured him that they will take care of the case. However, the Court refused to adjourn the case at the request of the other lawyers and Advocate Namboodiri had to come back from the hospital and mention the matter post lunch break saying that he was ready to argue the matter. As per his complaint, the Court then adjourned the matter and made remarks which humiliated him.

The KHCAA says in its letter that "The Association recalls the cooperation the Bar has given to the Bench whenever there was any ‘health issues’ with any of the Judges. One of the Judges have been holding the court in the Chambers for about an year now and the advocates have cooperated without any complaints and the Advocates expect the Judges to be sensitive to the ‘health issues’ faced by advocates as well".

The letter also says that KHCAA has made an enquiry and has found that the Judge acted insensitively in the case of Advocate Namboodiri.

"This is not an isolated incident and there are several other complaints also against Justice Badharudeen. There were incidents where Justice Badharudeen publlshed supplementary list at 10.30 AM and posted several cases in the list, without any prior information to any of the advocates concerned. Thereafter, when the said list was called, there was no representation from advocates as they had no information about these cases. Justice Badharudeen had dismissed those cases stating no representation of lawyers. This incident happened when Justice Badharudeen was holding the roster of bail application", the letter says.

The letter says that the Association has resolved not to indulge in strikes, boycotts, protests etc and has decided to deal with each of the issues through legal means and that the "letter is being written to your Lordship so as to enable your Lordship to counsel the concerned Judge and impress upon him to deal with advocates with humillty, sensitivity and courteously".

Click here to read/download Letter