Insult and ill treatment of advocates, particularly, junior members of the bar by Hon’ble Shri Justice Prithviraj Chavan

MATHEWS J. NEDUMPARA

101, Gundecha Chambers, Nagindas Master Road, Kala Ghoda, Fort, Mumbai, Maharashtra 400001

Mob: +91 98205 35428

E-mail: mathewsjnedumpara@gmail.com

18th June, 2024

To,

Hon’ble Shri Justice Devendra Kumar Upadhyaya

Chief Justice, High court of Bombay

May it please your lordship,

Sub: Insult and ill treatment of advocates, particularly, junior members of the bar by Hon’ble Shri Justice Prithviraj Chavan

1. I never anticipated that I will have another occasion to address a letter such as the instant one, and I certainly had hoped not. However, I am constrained to write the instant letter, lest I should be failing in my duty as a senior member of the bar.

2. I came to the profession by sheer fate. I entered the portals of our hallowed institution as a plaintiff in 1979, conducting a case as a party-in-person up to the Supreme Court. While being a litigant, I completed law and enrolled in 1984. In all of my practice, spanning over 40 years, I have had the misfortune to witness the ill treatment, quite frankly, abuse, of lawyers and litigants by the judges, the deities of our temples of justice on innumerable occasions. I have personally fought against the same.

3. What prompts me to address this letter is the ill treatment of my fellow citizens, members of the bar I happen to witness today by Justice Prithviraj Chavan.

4. Somebody who comes across this letter, being unfamiliar of the Bombay high Court, would be surprised to hear that in the Bombay High Court, the lawyers enter         from the back side of the court, the queues reaching the roads and that the main doors are not open to the lawyers or  the litigants. The front doors are reserved exclusively for the entry of the judges. In almost all High Courts in India, once a petition is finally numbered, it is automatically listed. However, in the Bombay High court, one has to mention before the Court stating the urgency, for the matter to be listed.

5. In Justice Chavan’s court today, I had a matter to be mentioned, for urgent orders were required. I was a front row witness to the lawyers seeking urgent listing being admonished rudely and ill-treated. When a young lawyer sought to withdraw the praecipe he had moved when it was declined, on the instruction of the judge, the court officer took it back and for no real reason, a cost of Rs. 2000 was imposed. I could not resist the still voice from within, I told the Hon’ble judge, in all humility, that we all owe a duty to the young members of the bar, to encourage them to come up in the bar and that to demotivate or illtreat them is the greatest disservice. I pleaded that the judge should be kinder to the younger members of the bar. I was least surprised that it was not well received. His only response was that I must rather join politics. Clearly, a lawyer shall not speak out against injustice even within the temples of justice. It is unfortunate that a lawyer had to stand up and plead to the Court that it be courteous to the bar, or at the very least, not be unnecessarily discourteous.

6. What makes me feel even more perturbed is that all this is in direct contrast to treatment given to the kith and kin of judges and senior lawyers. Something I have been witnessing ever since I came to the Bombay High Court as a total stranger, maybe two decades ago. It was common to see senior members of the bar, even of my age, standing behind the sons of sitting and retired judges, briefing them, and the royal treatment given to such progeny.

7. I had written to your lordships when I witnessed similar instances before. It is unfortunate that the same continues. As I have stated earlier, I am not painting all with one brush. We have many a noble soul who treat lawyers and litigants with dignity and respect, and without bias. I am sure as the paterfamilias of the judicial hierarchy of the State of Maharashtra, the grievance which I hereby espouse will receive your Lordship’s most gracious consideration and that remedial steps will be taken.

With most respectful regards,

Yours Sincerely,

MATHEWS J. NEDUMPARA