SCBA, BCI urge CJI Surya Kant to act on AP HC lawyer custody row
Synopsis
Key Takeaways
The Supreme Court Bar Association (SCBA) on Wednesday, 7 May 2025 urged Chief Justice of India (CJI) Surya Kant to take "appropriate institutional cognizance" of the alleged detention of a young lawyer during court proceedings before the Andhra Pradesh High Court, expressing "deep concern and shock" over the incident. The Bar Council of India (BCI) separately wrote to the CJI on the same day, seeking administrative action against the judge involved.
What Happened in the Andhra Pradesh High Court
According to the SCBA's Executive Committee resolution, a young advocate was allegedly directed to be taken into judicial custody for 24 hours during proceedings before Justice Tarlada Rajasekhar Rao of the Andhra Pradesh High Court. A video of the proceedings, which has been circulating widely in the public domain, reportedly shows the advocate repeatedly expressing regret and seeking pardon before the court. Following intervention by the Andhra Pradesh High Court Bar Association, the custody order was subsequently withdrawn, according to the BCI's letter to the CJI.
What the SCBA Resolution Said
The SCBA resolution stressed that the incident has triggered "serious concern" among Bar members across the country and has "deeply disappointed young members of the legal profession." The association firmly stated that the relationship between the Bench and the Bar is "founded upon mutual respect, dignity, patience, and institutional balance."
The resolution emphasised that while the authority and majesty of courts must always be respected, "the exercise of judicial powers must equally reflect restraint, proportionality, fairness, compassion." It further cautioned that actions causing "fear, humiliation, or intimidation" among young advocates could adversely affect the independence of the Bar and the effective functioning of the justice delivery system.
"Judicial strength is reflected through patience and balanced conduct, particularly while dealing with young lawyers who are still learning and evolving in the profession," the resolution stated.
BCI Seeks Administrative Action Against the Judge
In his letter to CJI Surya Kant, BCI Chairman Manan Kumar Mishra raised specific concerns regarding the conduct of Justice Tarlada Rajasekhar Rao. The BCI went further than the SCBA, formally seeking administrative action against the judge — including withdrawal of judicial work pending review, his transfer, and appropriate judicial training on court management, judicial temperament, and Bar-Bench relations.
The Broader Bar-Bench Debate
The incident has reignited a long-standing debate within India's legal community about the limits of contempt and custody powers exercised by High Court judges, particularly in dealings with junior advocates. This is not the first time Bar bodies have raised concerns about disproportionate judicial responses during proceedings. The SCBA noted that advocates are officers of the court and play an essential role in the administration of justice, making the balance of authority and dignity a matter of institutional importance. Notably, the incident has drawn coordinated responses from both the apex court's Bar body and the statutory Bar regulator — an unusual alignment that signals the depth of concern within the profession.
What Happens Next
Both the SCBA and BCI have formally requested CJI Kant to call for the relevant records and proceedings and consider corrective and administrative measures "in the interest of preserving public confidence in the judiciary and maintaining cordial Bar-Bench relations." It remains to be seen whether the CJI will take suo motu cognizance or direct an administrative inquiry. The legal community will be watching closely for any institutional response from the Supreme Court.