Kiran Raj

The Gujarat High Court witnessed conciliatory proceedings on January 20, 2025, as Advocate General Kamal Trivedi and senior members of the bar expressed regret over an incident that occurred on the previous Friday. The incident involved remarks made by the President of the High Court Advocates' Association, Brijesh Trivedi, during a hearing of a 2011 Public Interest Litigation (PIL), which the court had deemed inappropriate. The court stated the need to maintain the dignity of the judiciary and foster mutual respect between the bar and the bench.

The incident in question arose during a hearing of a PIL when the counsel, seeking an adjournment, was questioned by the bench about the delayed submission of relevant papers. According to the court's order, the counsel allegedly responded with accusations against the court's functioning on administrative and judicial grounds. The bench noted in its order:“He started making allegations against the functioning of the Court” and even demanded that the court recuse itself from the matter, asserting that “it was the Court which was not permitting him to make his arguments.”

When the bench reconvened on January 20, 2025, Advocate General Kamal Trivedi, joined by senior members of the bar, addressed the court. He expressed regret for the incident and stated: “Before the board starts, I would like to say something. This is with reference to what happened on Friday. We all, the lawyers who were here, have given to understand the general implication which was sought to be created as to how the Bar feels about this Court. I would like to make certain clarifications. We are not with that particular proposition. First and foremost, dignity and decorum of this august institution should be maintained at any cost. Secondly, I sincerely feel, perhaps all should agree with me, that administration of justice should be protected from being maligned. Thirdly, I think that there should be a mutual cohesive atmosphere, respect, and coordination between the Bar and the Bench. I sincerely feel that the lawyers should not run down the Hon’ble Court, nor should lawyers be run down unnecessarily, and the incident which happened on Friday, in my view, should not have happened. Perhaps we should try to take care to see that the recurrence of such an incident doesn’t take place. This is an august institution having a history of more than 60 years. We have not witnessed this kind of atmosphere, so it should be avoided. That is what we have been feeling, and we thought we must convey the feelings of all the people who have gathered here voluntarily.”

During the proceedings, Chief Justice Sunita Agarwal acknowledged the statements made by the Advocate General and senior advocates, stating, “That means a lot to the Chief Justice... In case of any kind of difficulty, inconvenience, you can always come to me (for) any issue.”

The Chief Justice stated the collaborative nature of the bar and the bench, describing it as a shared responsibility to uphold the institution's integrity. She remarked, “I strongly believe in deliberation between lawyers and the judges... Our effort is only to give back to the institution so that the future generation may flourish.”

Senior advocate N.D. Nanavaty supported this sentiment, adding, “Every individual, every institution, has potentiality of an in-further improvement but we can’t degrade this.” He reiterated the importance of addressing concerns through dialogue with the judiciary.

The Chief Justice responded affirmatively, noting her openness to receiving and addressing concerns raised by the bar. “As the Chief Justice, I am always open to all suggestions from the Bar and any concern of the Bar... I have expressed this always and tried to do that whatever in the best way I can.”

A Senior Counsel present remarked, “About that, Mr. Iqbal Chagla, one of the Senior Advocates who passed away, once famously said that the Bench brings up the Bar and the Bar brings up the Bench.”

The Advocate General concurred, acknowledging the mutual relationship between the Bar and the Bench.

The Chief Justice expressed gratitude to all the Senior Counsels and other members of the Bar present in the court.