SCBA, BCI urge CJI Surya Kant to act on AP HC lawyer custody row

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SCBA, BCI urge CJI Surya Kant to act on AP HC lawyer custody row

Synopsis

In an unusual show of unity, both the Supreme Court Bar Association and the Bar Council of India have written to CJI Surya Kant over the alleged 24-hour judicial custody of a young lawyer by an Andhra Pradesh HC judge — with the BCI going so far as to demand the judge's transfer and retraining. The incident has exposed a fault line between judicial authority and Bar independence that India's legal establishment can no longer quietly absorb.

Key Takeaways

The SCBA passed a resolution urging CJI Surya Kant to take institutional cognizance of the Andhra Pradesh HC lawyer custody incident.
A young advocate was allegedly directed into 24-hour judicial custody during proceedings before Justice Tarlada Rajasekhar Rao .
The custody order was subsequently withdrawn after intervention by the AP High Court Bar Association .
The Bar Council of India (BCI) , led by Chairman Manan Kumar Mishra , separately wrote to the CJI seeking the judge's transfer and judicial training .
Both bodies warned that actions causing "fear, humiliation, or intimidation" among young lawyers could undermine the independence of the Bar .

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 Following intervention by the Andhra Pradesh High Court Bar Association, the custody order was subsequently withdrawn, according to the BCI's letter to the CJI.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.

Point of View

And their joint pressure on the CJI signals that this incident has crossed a threshold within the legal establishment. The BCI's demand for the judge's transfer is an unusually aggressive ask, and it raises a harder question: whether existing mechanisms for judicial accountability are adequate when a High Court judge's conduct in open proceedings draws national condemnation. The broader issue is structural — India's junior Bar is acutely vulnerable to disproportionate judicial responses, and the absence of a codified, proportionate framework for in-court conduct orders leaves young advocates exposed. The CJI's response, or silence, will set a precedent either way.
NationPress
12 May 2026

Frequently Asked Questions

What happened in the Andhra Pradesh High Court lawyer custody incident?
A young advocate was allegedly directed into 24-hour judicial custody during court proceedings before Justice Tarlada Rajasekhar Rao of the Andhra Pradesh High Court. The order was subsequently withdrawn after the AP High Court Bar Association intervened.
Why has the SCBA written to CJI Surya Kant?
The Supreme Court Bar Association passed a resolution urging CJI Surya Kant to take institutional cognizance of the incident, call for relevant records, and consider corrective measures to preserve public confidence in the judiciary and protect Bar-Bench relations.
What action has the Bar Council of India sought against the judge?
BCI Chairman Manan Kumar Mishra wrote to the CJI seeking withdrawal of Justice Tarlada Rajasekhar Rao's judicial work pending review, his transfer, and appropriate judicial training on court management, judicial temperament, and Bar-Bench relations.
Why does this incident matter for young lawyers in India?
Both the SCBA and BCI warned that actions causing fear, humiliation, or intimidation among young advocates could adversely affect the independence of the Bar and the functioning of the justice delivery system. Junior lawyers are seen as particularly vulnerable to disproportionate judicial responses.
What happens next in the AP HC lawyer custody case?
The matter now rests with CJI Surya Kant, who has been formally requested by both the SCBA and BCI to examine the records and consider administrative or corrective action. No official response from the Supreme Court has been reported yet.
Nation Press
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