Apologizing to the Court is Respectful, Regardless of Opinions on Judges: Justice A S Oka

In a notable instance underscoring the sanctity of the judicial process, Justice A S Oka of the Supreme Court remarked on the importance of respecting the institution, regardless of personal feelings towards individual judges. This comment came in the wake of an incident involving an unauthorized adjournment request purportedly on behalf of senior advocate Harish Salve.

The controversy unfolded when a lawyer, citing senior advocate Harish Salve’s unavailability, sought an adjournment which Salve later clarified was made without his knowledge. Addressing the court, a lawyer from Salve’s office conveyed Salve’s disappointment over not being informed of the adjournment sought in his name, labeling it as unfair to both the court and to Salve.

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Justice Oka highlighted the broader implications of such actions, suggesting that an apology to the court would be appropriate. “You may not like judges but there is no harm in apologising to the institution,” Justice Oka stated, stressing the importance of maintaining decorum and respect towards the judiciary. He expressed concern that the practice of showing remorse or respect to the court as an institution has diminished over time, potentially harming junior members of the bar in their future careers.

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The incident sparked a discussion on court etiquette and the responsibilities of lawyers. When questioned about the appropriate response to the lawyer who requested the adjournment, an advocate from Salve’s office emphasized the critical principle taught to them: “never take the court for granted.” He expressed concern over individuals acting in Salve’s name without his knowledge, which he described as problematic and disrespectful to the judicial process.

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During the hearing, the bench made it clear that the mere mention of a senior counsel’s name does not justify an adjournment. “Are you under an impression that we will adjourn a matter if you take the name of a senior counsel? This tendency of the lawyers at the bar must stop,” the bench declared, underscoring their commitment to fairness and judicial efficiency.

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