LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Amit Chatterjee (Officer)     26 June 2024

Harassment by the defendant's lawyer

I am the plaintiff in a civil case concerning ownership of a very small piece of land. This is in a district court in WB. While I am sitting in the court the opponent lawyer indirectly keeps on teasing me. He keeps making derogatory remarks to his client(s) which are very clearly audible to me, means those are made intentionally. For instance, while I was looking somewhere else, I heard him say "I disrobed him during my cross-exam". While I paid attention, I found several people looking at me. Means he gestured to others the person he is speaking about i.e. me. Again, I heard him saying about me to his client "You told his father is ill so he won't come. See he has arrived even before 10, munching masala-muri", etc. which made several people burst into laughter. I also heard him making derogatory comments about my lawyer. He does all these while sitting just a few feet away from me. This happens both in the presence and absence of the judge. I informed all these to my lawyer. He suggested to ignore. 
What should I do to stop him from doing this? Can a lawyer really behave in such manner inside the court room?



Learning

 5 Replies

Dr. J C Vashista (Advocate )     27 June 2024

This is just a pressure tactics adopted by opposing counsel at the instance of his client, despite the fact it is un-ethical, which he should not. However, ignore such person.

1 Like

P. Venu (Advocate)     27 June 2024

The alleged behaviour shows the immaturity of the lawyer. Such tactics requires to be ignored.

1 Like

Amit Chatterjee (Officer)     27 June 2024

Thanks for your reply.

This person is of a peculiar nature. He commented on two lawyers while they were contesting on a case before the judge. I also heard him comment on my lawyer - "Here's Mr. Sen. He can't move an inch without his client. Even if his client is in ICU, he will bring him here on a stretcher!"

However, can someone, especially a lawyer who is part of the judiciary, behave in this manner inside the courtroom? Aren't there rules that address this issue? Also, can I protest against this behavior inside the courtroom? Handling such issues outside is no big deal, but inside the courtroom, I have to consider many factors. Additionally, I have no idea how the court will perceive my protest.

 

T. Kalaiselvan, Advocate (Advocate)     27 June 2024

The court hall is not your property nor it has been entrusted to you to administer or manage it.

There is a judge, plenty of advocates available in the court hence it will be better that you follow your own advocate and ignore all such nuisances. 

Amit Chatterjee (Officer)     27 June 2024

If someone teases or insults me on the road and I protest or seek advice on how to respond, does that imply the road is my property or that I have the intention to administer or manage it? Based on your reasoning, if I am humiliated in any location—be it on a train, a bus, inside a cab, an office, or a hospital—I cannot object, protest, or seek advice simply because I do not own those places. Are you serious?

Furthermore, which of my statements led you to believe that I intended to claim the courthouse is my property? Do you frequently misinterpret things in this manner? 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register