KHCAA refuses judge's offer to discuss suspension of Senior Advocate; asks judges not to meddle with affairs of bar

The Kerala High Court Advocates' Association (KHCAA) has written to Justice AK Jayasankaran Nambiar rejecting his invitation to discuss its recent suspension and initiation of disciplinary proceedings by the bar body against Senior Advocate George Poonthottam. .In its letter addressed to Justice Nambiar dated April 10, KHCAA also expressed its strong displeasure at the judge for interfering with the affairs of the bar body."We would like to set the record straight and clearly communicate that the interference of judges in the affairs of the KHCAA is not appreciated and judges are requested not to meddle with the affairs of the Association," the letter said.Pertinently, KHCAA informed the judge that it will be writing to Chief Justice Nitin M Jamdar with a complaint regarding adverse orders that the division bench of Justices Nambiar and Easwaran S passed when lawyers were abstaining from work in protest against recent hikes in court fees. .Judges are requested not to meddle with the affairs of the Association.KHCAA.In an order passed on April 9, the bench headed by Justice Nambiar had taken strong exception to the strike by lawyers, particularly since a public interest litigation (PIL) challenging the controversial court fee hike is already pending before the Chief Justice's Bench. The Bench had objected to the tone of a letter sent by the KHCAA President to the Chief Justice to inform him about the boycott. The bench found that the letter included unwanted advice and subtle threats, reflecting a lack of respect and decorum..KHCAA has now referred to these observations in its letter addressed to Justice Nambiar."We are not sure what taste you will find this letter in, but whenever the KHCAA writes a letter, it will be on facts and on judicial decisions and has to be taken in its literal meaning with no innuendos... We are still still grappling to find out what the 'veiled threats' are, but as the adage does, the beauty always likes in the hands of the beholder and we are yet to see what you have seen in the letter as 'veiled threats'," the letter reads. .We are still still grappling to find out what the 'veiled threats' are...KHCAA.The issue with Senior Advocate Poonthottam stemmed from a spat between the Bar and Justice A Badharudeen after the latter had an unpleasant interaction with the wife of a recently deceased lawyer. Following a resolution signed by Poonthottam, KHCAA called an extra ordinary general body meeting and decided to demand an open court apology from Justice Badharudeen. However, Justice Badharudeen refused, following which lawyers boycotted his court for a day. Chief Justice Jamdar met with Poonthottam and the lawyer's wife, who is herself a lawyer. Justice Badharudeen clarified that it was a misunderstanding and the matter was dropped, or so it seemed..However, KHCAA president Yeshwanth Shenoy was not present at this meeting. Objecting to Poonthottam taking over an issue that KHCAA was seized of, the Association suspended the Senior Advocate from its membership and initiated disciplinary proceedings against him. KHCAA also wrote to Chief Justice of India (CJI) Sanjiv Khanna requesting Justice Badharudeen's transfer to another High Court. .Interestingly, KHCAA has now seemingly disavowed the complaints regarding Justice Badharudeen that it had sent to the CJI.Despite the fact that KHCAA had objected to Justice Badharudeen's conduct on previous occasions, it has now stated that it was constrained to write to the CJI only because of Poonthottam's actions."Justice Badharudeen is one of the best we have in this Court... Personally, we place a higher value on integrity than courteous conduct and we will always carry that pain of having to write to the Chief Justice of India as a part of our duty as office bearers of the Association," the letter states.KHCAA has also alleged that Poonthottam made remarks about Justice Badharudeen's religious beliefs..Justice Badharudeen is one of the best we have in this Court.KHCAA.Referring to Justice Nambiar's adverse observations regarding the recent KHCAA protest against court fee hikes, KHCAA said that it hopes that the judge will take this letter literally rather than find innuendos.It also expressed its suspicion that the Justice Nambiar led bench passed the adverse orders in order to force the hand of KHCAA to come to a settlement with Poonthottam. KHCAA has requested Justice Nambiar not to contact it through any advocate and also made it clear that the bar body will not bend its procedures for dealing with "persons of interest" of any judge.