The Kerala High Court Advocates' Association (KHCAA) has resolved to seek the transfer of Justice A Badharudeen from Kerala, citing concerns over his interactions with lawyers appearing in his court.
The immediate trigger for this decision was an incident on March 6, when advocate Saritha Thomas sought additional time to change vakalath, following the demise of her husband, advocate Alex M. Scaria, in January.
Justice Badharudeen's response to her request was reportedly harsh, leaving Thomas visibly distressed.
On Friday, KHCAA rejected Justice Badharudeen's offer to apologize in his chambers and staged a boycott of his court. The association also formally requested the Chief Justice to secure an open court apology from the judge.
Over the weekend, the Chief Justice engaged in discussions with various stakeholders, including senior judges, Senior Advocate George Poonthottam—who had initially advocated for action against Justice Badharudeen—advocate Saritha Thomas, and other lawyers.
Subsequently, Thomas penned a letter to KHCAA, urging them to halt any further action in light of the judge’s expression of regret. She stated that Justice Badharudeen had conveyed his deep remorse in the presence of the Chief Justice, senior-most judge Justice A Muhammed Mustaque, and Senior Advocate George Poonthottam.
However, KHCAA President Yeshwanth Shenoy was notably absent from this meeting, reportedly due to not being invited. In response, Shenoy expressed his dissatisfaction in a letter to KHCAA members and rescheduled the association’s general body meeting from 1 pm to 9:45 am on Monday.
While Justice Badharudeen’s court resumed proceedings on Monday, KHCAA proceeded with its resolution to request his transfer. The association also reiterated its demand for the mandatory recording of court proceedings to prevent misconduct from either judges or lawyers.
Additionally, sources indicate that KHCAA is considering steps to suspend Senior Advocate Poonthottam for engaging with the Chief Justice without the association’s approval. However, no official notice regarding disciplinary action has been issued yet.
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