The Calcutta High Court bar association has demanded an apology from the judge
A Calcutta High Court judge's order to arrest a lawyer from the courtroom on contempt charges has sparked a huge row, with the bar association adamant on boycotting proceedings involving the judge. The judge in question is Justice Abhijit Gangopadhyay, who had earlier been pulled up by the Supreme Court for giving interviews to TV channels on a matter he was hearing.
On Monday, Justice Gangopadhyay was hearing a case relating to West Bengal Madrasah Service Commission. Advocate Prosenjit Mukherjee was in the courtroom. Reports said Justice Gangopadhyay did not like the lawyer's conduct in the courtroom. He immediately called the court's sheriff and asked him to keep advocate Mukherjee in civil prison. The judge did not budge despite the lawyer apologising for his conduct.
According to reports, a section of lawyers requested Justice Gangopadhyay to withdraw the order. He agreed. The advocate was released, but by then, word had got around.
In a late evening hearing, advocate Mukherjee told a division bench of Justice Harish Tandon and Justice Hiranmay Bhattacharya that he fears that he may be put in custody again. The bench then paused Justice Gangopadhyay's order for three days' imprisonment in civil prison for the lawyer.
"We are also not unmindful of the well settled proposition of law that the maintenance of purity of administration of justice so as to uphold the independence of the judiciary is a sole task of the Courts. The Court should also maintain a judicial restraint and discipline as necessary to the orderly administration of justice as they are all to be effectiveness of the army. The duty of restraint humility should be constant theme of our Judges," the bench said.
"This quality in making a decision-making process is as much necessary for the Judges to command, respect as to protect the independence of judiciary," it added.
The bar association, meanwhile, has requested Calcutta High Court Chief Justice TS Sivagnanam to withdraw all judicial work from Justice Gangopadhyay. The lawyers' body has said no member of the association will step into Justice Gangopadhyay's court till he apologises to the advocate Mukherjee and the bar.
Justice Gangopadyay had irked the Supreme Court earlier this year by his remarks on a TV interview relating to the Bengal school job-for-bribe case, a matter he was hearing at that point of time.
Taking strong note of this, Chief Justice of India DY Chandrachud had said "judges have no business granting interviews on matters which are pending". The Supreme Court had then directed that the case be reassigned to a different judge. Justice Gangopadhyay had responded by seeking documents that led to his removal from the case. The Supreme Court had put this order on hold.