Now Reading: Supreme Court: lawyers must be decent to opposite parties in court
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Supreme Court: lawyers must be decent to opposite parties in court
The Supreme Court has held that a lawyer's duty to behave decently inside court premises extends not just to his own client but also to opposing lawyers and parties. A Bench of…
The Story in Brief
The Supreme Court has held that a lawyer's duty to behave decently inside court premises extends not just to his own client but also to opposing lawyers and parties. A Bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar was hearing an appeal by advocate Sudhendu Prakash Gautam, who was suspended for a year by the Bar Council of India for allegedly assaulting and threatening a litigant inside a Delhi labour court in 2005.
The Bar Council of Delhi had initially dismissed the complaint because Gautam was not the complainant's own lawyer. The Supreme Court disagreed, saying indecent behaviour towards any party is misconduct. Noting the 21-year delay and lack of proper hearing, the court modified the suspension to a warning.
The Indian Opinion
The narrative that lawyers can only be held accountable for misconduct towards their own clients has been a convenient loophole. The Supreme Court has rightly shut it, making clear that indecent behaviour inside court premises is misconduct regardless of who the target is. Some may cry overreach, but the court balanced the procedural lapse with a warning, not a suspension. The real test will be whether bar councils now act on such complaints without waiting for decades.
Sources (2): barandbench.com, livelaw.in
This story was synthesised by AI from the 2 sources linked above.
Updated: this story now draws on 2 sources.
