The Orissa High Court has held that the advocates appearing before the Courts are the officers of the Court and are expected to maintain decorum and respect towards the Bench.

At the same time, the High Court clarified that the unruly & aggressive behavior of the advocate not only undermines the majesty of the Court but also undermines the decorum of the Court which is totally uncalled for and cannot be tolerated.

The High Court held so while considering a petition seeking a direction to the Opposite Parties/ State to pay a sum of Rs.50 lacs as compensation and other exemplary damages for unnatural death of her son while in police custody.

A Single Judge Bench of Justice S.K Panigrahi observed that “The conduct of Mr. Bahali, learned counsel is totally unbecoming of an Advocate and it prima facie makes out a strong case for criminal contempt punishable under Section 14 of the Contempt of Courts Act, 1971 read with Article 215 of Constitution of India”.

Advocate Byomakesh Tripathy appeared for the Petitioner, whereas Advocate G.R. Mohapatra appeared for the Respondent.

After considering the submissions, the Bench found from the reply of ASI of Police that they boarded Train from Mumbai to Kolkata along with the victim minor girl and the now deceased boy after she was recovered from Mumbai, and though the boy was not arrested by the police, on the request of his elder brother stating that his brother would also travel with them, he was also travelling with them in the same train.

Finding that the circumstances leading to the boy’s death is still shrouded in mystery, and even after even after registration of the FIR, the copy of the same has not been provided to the Petitioner, the Bench directed the State to produce the copy of the FIR on the next date of hearing.

The Bench noted that there was a very hot argument between both the counsels with exchange of abusive words with shouting voice inside the court room, whereon being enraged, one advocate attempted to manhandle another, which disrupted the Court proceedings.

When the Bench tried to intervene and requested both counsels to refrain from spoiling the sanctity & congenial atmosphere of the court and maintain the decorum inside the court, the counsel remained adamant and aggressively retorted back to stating that he did not care of any action taken by the Court against him.

The Bench therefore observed that such misbehavior of the advocate towards the Court demeans the sanctity of the Court and impedes the smooth functioning of the Court.

Accordingly, the High Court placed the matter before the appropriate authority to take steps as per law.

Cause Title: Basanti Puhan v. State of Odisha

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Orissa High CourtJustice SK Panigrahi

Pankaj Bajpai