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HC fumes at lawyer's 'judicial terrorism' remarks, warns of action, issues show cause notice

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HC fumes at lawyer's 'judicial terrorism' remarks, warns of action, issues show cause notice

Nagpur, Jul 15 The Bombay High Court has expressed strong displeasure over an advocate's outburst before it during a hearing and calling the proceeding in his client's matter as "judicial terrorism".


Warning of action against the lawyer, the HC asserted his remarks were unwarranted and amounted to an attack on the institution of judiciary.


The HC's Nagpur bench comprising Justices Anil Pansare and Rajnish Vyas, in its July 13 order, issued a show cause notice to advocate V A Kothale seeking his response as to why he should not be referred to the Bar Council of Maharashtra and Goa for misconduct.


The court was hearing a petition filed by a woman seeking a direction to the school where she was teaching to release her pay arrears, provident fund and gratuity due from the date of retirement.


The plea sought a direction to the university concerned to withdraw recognition of the school if her arrears were not paid.


During the hearing, the court had questioned the petitioner's lawyer as to whether such a petition was maintainable and as to under which provision of law action of withdrawal of recognition of the school can be taken.


The court noted that the petitioner's lawyer, instead of pointing out relevant provisions, made generalised statements.


The bench then asked the petitioner to deposit a sum of Rs 50,000 within a week failing which the petition would be dismissed.


Irked with this, the petitioner's advocate, Kothale, remarked that the proceeding amounted to "judicial terrorism".


The court raised concern over the remarks and said such a statement was "wholly unwarranted, unbecoming of a member of the bar and amounts to an unwarranted attack on the institution of the judiciary."


While issuing a show cause note to Kothale, the court said the advocate shall submit his reply by July 28.


"The advocate's statements coupled with an allegation of judicial terrorism has the potential to undermine the dignity and sanctity of the court," the HC noted.

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