Jammu, Oct 23 The Jammu and Kashmir and Ladakh High Court has set aside a tribunal order imposing a cost of Rs 10,000 on a senior advocate over a heated exchange with the bench, saying that it was in "complete breach of principles of natural justice".
A division bench of Justices Sanjeev Kumar and M A Chowdhary allowed a writ petition filed by senior advocate Jahangir Iqbal Ganai.
"It is not uncommon that during the course of arguments, sometimes there are heated exchanges between the Bar and the bench. However, the bench should forbear from escalating it to the level of initiating contempt proceedings against the advocates or imposing costs on the person of the advocates," the bench said in its order dated October 21.
Rather, an effort should always be made to avoid such an undesirable situation, the court said, adding that greater restraint and maturity by the tribunal members could have prevented the unpleasant episode.
"We have gone through the order impugned and find the same in complete breach of principles of natural justice," the bench said.
It said the cost had been imposed on the senior counsel "without even affording him an opportunity of being heard", even though the issue could have been resolved through discussion in open court.
The high court said it had earlier sought to resolve the controversy through mediation and directed the petitioner and members of the tribunal to appear before it in person.
"However, the petitioner appeared while the tribunal members failed to turn up despite being served with notices. They also did not respond to telephone calls from the tribunal's registry when an attempt was made to facilitate their virtual appearance.
"It seems that the members of the tribunal do not wish to cooperate," the bench observed.
It also underlined the responsibility of senior advocates to maintain the dignity and decorum of the court, observing that differences in perception should not create an unpleasant atmosphere or drive a wedge between the Bar and the bench.
"Without saying much in the matter, we wish to close the matter here only," the court said, quashing the tribunal order.
"The writ petition shall stand allowed in the above terms," the court said.
