The Calcutta High Court Bar Association has recently taken a decisive stand in response to the alleged misconduct of Justice Abhijit Gangopadhyay towards Advocate Prosenjit Mukherjee. In a resolution passed during an urgent general body meeting held on December 18, 2023, members of the Bar Association unanimously decided to abstain from entering Justice Gangopadhyay's courtroom unless the judge issues an apology for the actions that led to Mukherjee's arrest.
The resolution was prompted by the purported criminal contempt proceedings initiated by Justice Gangopadhyay against Advocate Prosenjit Mukherjee. According to the Bar Association's communication addressed to Chief Justice TS Sivagnanam, the members expressed their collective disapproval of the judge's handling of the situation. They specifically objected to Mukherjee being disrobed in open court, summarily sent to civil prison under the custody of the Sheriff, and the absence of any opportunity for the advocate to present his case.
The Bar Association communicated its concerns to Chief Justice Sivagnanam following the urgent general body meeting, emphasizing the need for an apology from Justice Gangopadhyay. The association underscored that the demurer presented by Mukherjee, accompanied by an order from the division bench modifying Justice Gangopadhyay's initial order, was deemed improper and contemptuous by the members.
The contentious incident further unfolded as Mukherjee was taken into custody from the courtroom without being afforded the opportunity for a fair hearing. This perceived lack of due process and the seemingly arbitrary nature of the actions taken by Justice Gangopadhyay did not sit well with the Bar Association members. Their unanimous sentiment was that such conduct violated established norms and principles, prompting them to make the collective decision not to enter Justice Gangopadhyay's courtroom until an apology was extended to both the concerned advocate and the Bar Association members.
The Bar Association's resolution reflects a broader concern within the legal community about the protection of advocates' rights and the proper administration of justice. By taking this stand, the members are signaling their commitment to upholding the integrity of legal proceedings and ensuring that the rights of advocates are respected.
In addition to seeking an apology, the Bar Association has also called upon Chief Justice Sivagnanam to withdraw all judicial work from Justice Gangopadhyay. This request stems from the apprehension among the members that similar treatment could be meted out to any of them in the future. The fear of potential mistreatment and a perceived departure from established legal norms has led to a loss of confidence in Justice Gangopadhyay's ability to preside over judicial matters impartially.
The Bar Association's decision to boycott Justice Gangopadhyay's courtroom is a rare but powerful expression of discontent within the legal fraternity. It underscores the significance of upholding due process, ensuring fair treatment for advocates, and maintaining the credibility of the judiciary. As this situation unfolds, it will be closely watched not only within the legal community but also by the public, as it raises important questions about the functioning of the judicial system and the expectations placed on those responsible for upholding justice.
TAGS: Apology Due process Disrobed in open court Civil prison Sheriff custody Division bench
