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The Chief Justice of India (CJI), DY Chandrachud, found himself needing to intervene and reprimand a lawyer for his disruptive conduct during a hearing in the Supreme Court regarding the alleged sexual assault and murder of a postgraduate trainee doctor in Kolkata. This incident, occurring on the second day of the hearing of a suo moto case, highlights the gravity of the situation and the importance of maintaining decorum in the court proceedings. The bench, comprising CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, had been hearing the case related to the gruesome crime that sparked nationwide protests.
During the proceedings, tensions escalated when senior advocate Kapil Sibal, representing the West Bengal government, brought to the court's attention the lawyer, Kaustav Bagchi, who is also a BJP leader. Sibal claimed to possess videos and photographs that showed Bagchi throwing stones at a protest related to the doctor's murder. This accusation prompted Bagchi to vehemently question Sibal's statement, raising his voice in the courtroom. The CJI, observing Bagchi's behavior for two hours, stepped in, stating, "Are you trying to address the gallery outside the court? I have been noticing your demeanour for the last two hours."
The CJI then instructed Bagchi to lower his voice, reminding him that he was addressing three judges, not the audience watching the proceedings on the video conferencing platform. Bagchi subsequently apologized to the court. Following this incident, the CJI expressed his displeasure with the chaotic nature of the arguments, stating that he is "not used to this kind of advocacy where 7-8 people are arguing at the same time." This observation highlights the importance of maintaining order and clarity in the courtroom, particularly in a case of such sensitivity.
The court also addressed the ongoing protests by doctors in Kolkata, who had been demanding justice for their colleague and improvements in safety measures at medical facilities. The CJI acknowledged the doctors' concerns but stressed that protests cannot continue at the expense of their duty to patients. The court emphasized that if the doctors do not return to work, the West Bengal government could take disciplinary action. However, a deadline of 5 pm the following day was given for the doctors to resume their duties without facing any adverse consequences. This decision reflects the court's delicate balance between respecting the right to protest and ensuring the smooth functioning of essential services.
Source: CJI's ‘lower your pitch’ warning to lawyer during Kolkata rape-murder case hearing