The allegations of corruption and illegal detention made by two advocates against a sitting judge of the Bombay high court have invoked mixed reactions from the legal fraternity.
Some have condemned the act saying that it could invite contempt whereas others have come in support of the advocates saying that this is not the first instance where corruption allegations have surfaced against a sitting judge.
Advocates OD Kakade and Nilesh Ojha had alleged on Wednesday that a relative of a sitting judge approached them with an offer of favourable order in lieu of cash. When the lawyers alleged this during the hearing, the judge allegedly detained them in the court room for the day.
The Bombay Lawyers Association (BLA) has come in support of the advocates and passed a resolution saying that the chief justice should investigate the matter.
Advocate Ahmad Abdi, chairman of the BLA, said that they have passed a resolution wherein they have sought that the court proceedings be recorded through CCTV by installing cameras in all the court rooms.
"Such type of incidents of offensive and aggressive behavior against advocates have been reported from police, government authorities and courts as well; the association is of unanimous view that the proceedings in the court should be recorded by fixing of close circuit television (CCTV) cameras in order to introduce more transperancy in the functioning of the courts," reads their resolution passed on Friday.
On the other hand, the Bombay Bar Association (BBA) has met the chief justice extending their support to the judge. An office bearer of the BBA, on condition of anonymity said, "One can't just make allegations against a judge and get away with it."
Irrespective who it is, the propriety of the court should be maintained, said a lawyer associated with the Advocates Association of Western India (AAWI), who did not wish to be named. "There are other ways of redressing a complaint against a judge. A complaint can be written to the chief justice. If there is no redressal, then the complaint can be sent to the chief justice of India," said the advocate.
Ojha made allegations that the judge's relative had approached him in March saying that he (relative) could get a favourable order for money. Accordingly, a meeting was then held in April in the relative's office, claimed Ojha.
"Making such allegations in open court amounts to infringing on discretion of the court. A judge should be neutral during the hearing. By making such allegations, it was an attempt to influence the judge," said advocate Arfan Sait.
Undeterred by the response to his complaints, Ojha said that they (Kakade and he) will take the issue to logical conclusion. "We will file a petition if required and also a criminal complaint demanding CBI inquiry," Ojha told dna.
He said that they have demanded compensation of Rs50 crore each for his client Sanjay Punamiya, Kakade and himself.
Punamiya, a businessman, is locked in dispute with former Kuwaiti consul general Faisal Essa Al-Yousuf Al-Essa over the possession of flat at Al Sabah building at Marine Drive.
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