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BCI Writes to CJI Over Andhra HC Incident; Terms Custody Order Against Advocate ‘Deeply Disturbing’

BCI Writes to CJI Over Andhra HC Incident; Terms Custody Order Against Advocate ‘Deeply Disturbing’

BCI concern advocate custody order

The Bar Council of India (BCI) has written to the Chief Justice of India seeking urgent intervention following a recent incident involving a judge of the Andhra Pradesh High Court directing 24-hour police custody of an advocate during court proceedings.

In a detailed representation dated May 6, 2026, BCI Chairman and Senior Advocate Manan Kumar Mishra described the episode as “deeply disturbing” and said it has caused widespread concern within the legal fraternity. Referring to a video of the proceedings that has circulated on social media, the BCI stated that the advocate was repeatedly seeking pardon and clarifying that there was no intention to disrespect the Court, yet was directed to be taken into custody.

The Council emphasised that, if accurately reflected, the incident raises serious questions of judicial temperament, proportionality, fairness, and the dignity of the Bar. It noted that while advocates may be corrected or proceeded against in accordance with law, sending a young lawyer to custody for a procedural lapse appears prima facie “grossly inappropriate” and risks undermining confidence in the institution.

Highlighting the relationship between the Bench and the Bar as one founded on mutual respect, the BCI stressed that judicial authority must be exercised with restraint, compassion, and institutional grace. It observed that young lawyers, as officers of the Court, are entitled to correction without humiliation and that such incidents may have a chilling effect on junior members of the profession.

The BCI further urged the Chief Justice of India to call for the video recording, the order passed, and surrounding circumstances, and to consider appropriate administrative measures. These may include steps such as withdrawal of judicial work pending review, transfer, and judicial training on court management, judicial temperament, and proportional exercise of authority.

Stating that the representation is made to preserve the dignity and moral authority of the judiciary, the BCI underscored that respect for courts must stem from fairness, patience, restraint, and constitutional humility, rather than fear.