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Justice Gavai Scolds Noisy Lawyers, Calls Supreme Court ‘Most Indisciplined Court’
foej.in > Blog > Polity > Justice Gavai Scolds Noisy Lawyers, Calls Supreme Court ‘Most Indisciplined Court’
Polity

Justice Gavai Scolds Noisy Lawyers, Calls Supreme Court ‘Most Indisciplined Court’

FOEJ DESK
Last updated: 2023/10/01 at 11:14 AM
FOEJ DESK
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Justice Gavai Scolds Noisy Lawyers, Calls Supreme Court ‘Most Indisciplined Court’. Photo Courtesy: Livelaw
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The Supreme Court of India witnessed a rare scene of admonition by one of its judges on Monday, when Justice Bhushan Gavai expressed his displeasure over the noisy behaviour of some lawyers in the courtroom. He said that the Supreme Court was the “most indisciplined court” in the country and warned the lawyers to maintain decorum and dignity.

The incident occurred during the hearing of a batch of petitions challenging the constitutional validity of the Maratha reservation law, which grants 16% quota to the Maratha community in education and jobs in Maharashtra. The bench, comprising Justices Ashok Bhushan, L Nageswara Rao and Bhushan Gavai, was hearing the arguments of senior advocate Mukul Rohatgi, who was appearing for some petitioners.

As Rohatgi was making his submissions, some lawyers started talking loudly among themselves, disrupting the proceedings. Justice Gavai, who hails from Maharashtra and is well-versed with the Maratha reservation issue, took strong exception to this and asked the lawyers to keep quiet or leave the courtroom.

He said, “This is the most indisciplined court. You are behaving as if you are in a fish market. If you don’t want to hear the matter, you can go out. We are here to hear the matter. We have a duty towards this institution. You have no respect for this institution.”

He added, “This is not the way to conduct the proceedings. You are lowering the dignity of this court. You are not here to create a ruckus. You are here to assist the court. If you don’t maintain discipline, we will be forced to take action against you.”

Justice Gavai also reminded the lawyers that they were bound by the rules of professional ethics and conduct and that they should respect the judges and their fellow advocates. He said, “You are officers of this court. You have taken an oath to uphold the Constitution and the law. You have a duty to maintain decorum and dignity in this court. You should not forget that you are appearing before the highest court of this country.”

The Supreme Court had earlier stayed the implementation of the Maratha reservation law, which was upheld by the Bombay High Court in 2019. The court has to decide whether the law violates the 50% ceiling on reservations imposed by the Supreme Court in its landmark judgment in Indra Sawhney vs Union of India (1992).

As reported by legal news website Bar & Bench on X (formerly known as Twitter) Justice Gavai is in line to become the Chief Justice of India in May 2025 for a period of six months. 

He is the second Dalit judge to be appointed to the highest court since the retirement of former Chief Justice of India KG Balakrishnan, and is anticipated to become the second Dalit Chief Justice of India, following the established succession order.

TAGGED: Justice Gavai, Supreme court
FOEJ DESK October 1, 2023
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