Andhra Pradesh High Court incident: BCI seeks CJI intervention over 24-hour custody of lawyer

The Bar Council of India (BCI) on Wednesday approached Chief Justice of India (CJI) Surya Kant, seeking urgent intervention over an incident in which Justice Tarlada Rajasekhar Rao, a judge of the Andhra Pradesh High Court, allegedly ordered 24-hour police custody of a young advocate for failing to produce a copy of an order during court proceedings.

Although the direction was later recalled, the Council sent a formal communication to the CJI, raising serious institutional concerns about the episode. It referred to the widely circulated video footage of the incident, noting that the advocate was directed to be taken into custody despite seeking forgiveness repeatedly before the High Court, raising concerns about due process and procedural fairness.

Terming the incident as deeply troubling, BCI Chairman Manan Kumar Mishra flagged issues related to judicial propriety, proportionality, and adherence to principles governing the exercise of judicial discretion. He noted that such use of coercive judicial powers for a procedural lapse may be inconsistent with established standards of judicial conduct and could undermine the dignity of the Bar.

The Council emphasised that while courts retain inherent powers to regulate proceedings and maintain discipline, any punitive action against advocates must conform to settled legal principles, including proportionality and natural justice.

Highlighting the institutional relationship between the Bench and the Bar, the Council warned that actions of this nature may have a chilling effect on young practitioners and could erode confidence in the justice delivery system. It underscored that advocates, as officers of the court, were entitled to fair treatment and could not be subjected to punitive measures that appeared excessive or arbitrary in the absence of contumacious conduct.

BCI urged the CJI to take cognisance of the matter in exercise of administrative jurisdiction, call for the relevant records, including video footage of the proceedings, and examine whether the conduct in question met the established standards of judicial temperament and courtroom management.

It further suggested consideration of appropriate administrative measures, including temporary withdrawal of judicial work, transfer, and judicial training focused on court management, proportional use of authority, and preservation of Bar–Bench comity, pending a comprehensive review of the incident.

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