The Bombay High Court has found two advocates guilty of contempt of court after they allegedly threatened a judicial officer during court proceedings.
The lawyers were each fined ₹52,000, while the matter was also referred to the relevant Bar Council for disciplinary consideration.
The disciplinary dimension makes the case particularly significant for the legal profession.
Courts routinely tolerate forceful advocacy, disagreement and even strong criticism of judicial reasoning. But professional privilege does not extend to threats directed at a judge or judicial officer.
The case therefore sits at the boundary between legitimate advocacy and conduct capable of undermining the authority and independence of the judiciary.
Advocacy does not include intimidation
According to the report, the contempt proceedings arose after the advocates allegedly told the judicial officer that they would not spare him.
The High Court treated the statement as sufficiently serious to warrant punishment and professional referral.
That second step is important.
A contempt sanction addresses conduct affecting the administration of justice, while Bar disciplinary proceedings can separately examine whether the lawyers breached professional obligations governing dignity, decorum and conduct expected of advocates.
The episode provides a useful comparative lesson for Bar associations internationally, including Nigeria, where questions frequently arise over how lawyers may criticise judges and judgments without crossing into abuse, intimidation or conduct unbecoming of the profession.
The right of an advocate to act fearlessly for a client remains fundamental.
But fearlessness is not licence to threaten the Bench.
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Source: Indian Express
