A good High Court Judge should not inflict Pillory Punishment on advocates appearing before him

It is settled law that Judges should not pass strictures on advocates appearing before him. Nor on judges of lower court.

And yet many times it is seen that a High Court judge, while dictating judgement, in the judgement, passes negative comments on advocate who may have appeared in case.

Such comments amount to Pillory Punishment- punishment in present of peers of advocate.

When such comments are brought to notice of Supreme Court, it promptly strikes of such comments from the judgement.

However, this spoils atmosphere of mutual respect between judge and Bar.

Sometimes Judges as well as lawyers are suffering from Blood Pressure or Diabetes. It is possible for them to suddenly flare up in course of arguments.

But this should not lead to dictating unfair comments in judgement.

Haresh Raichura
26/9/2012