New Delhi, Dec 8: The Supreme Court on Thursday reprimanded senior advocates like Kapil Sibal, Dushyant Dave and Rajeev Dhavan for the manner in which they argued when they find the court disagreeing with them. A five-judge constitution bench, headed by Chief Justice of India (CJI) Dipak Misra, warned senior lawyers for ‘raising voice’ during arguments.
The CJI referred to arguments advanced by senior advocates Kapil Sibal, Dushyant Dave and Rajeev Dhavan in the Babri Masjid-Ram Mandir case on Tuesday and said that the court is anguished and thoroughly disapproves of the lawyers’ conduct. The apex court the ‘shouting brigade’ after former solicitor general Gopal Subramanium expressed concern over the non-decorous manner in which arguments were being advanced by them.
Sibal, Dave and Dhawan, all representing different Muslim petitioners in the case Ayodhya case. Sibal requested the court not to hear the matter till 2019 Lok Sabha polls. However, the court rejected the plea and set February 8 next as the date when it will begin final hearings in the Ayodhya title suit.
“Lawyers are called the ministers of justice. They are also referred to as officers of the court. But unfortunately, a small group of lawyers raise their voice. They must understand absolutely clearly that raising their voice is not going to be tolerated. Raising the voice means either the lawyer is incompetent to present the case or he is inadequately prepared with the case,” the bench said, reports Times of India.
The court also took strong objection to ‘raising voice’ during the arguments and said this won’t be tolerated. “Raising voices will never be tolerated. Argue on legal principles. Raising voice shows incompetency not worthy of senior lawyers,” he said, adding, “When the Bar fails to regulate them, we will be compelled to regulate,” the CJI said.
The court pointed out the manner in which Dushyant Dave argued on Wednesday for Delhi government in its turf war with the Centre and said, “We are compelled to connect it (expression of anguish) to yesterday’s incident (when the bench expressed dissatisfaction with Dhavan’s tone and tenor of arguments in the Delhi case). Behaviour of the senior counsel was atrocious yesterday. Day before yesterday (in Ayodhya case), it was even more atrocious.”