MUMBAI, March 5: The Bombay High Court today observed that judges should not be "too sensitive" to interruptions caused by advocates. Instead, it is the duty of the judicial officer to listen to protests, even if they delay the proceedings, the court ruled.This word of advice came from the division bench of Justice A P Shah and S S Parkar, which said, "Every little persistence on the part of a pleader should not be turned into an occasion for a trial". The observation comes in the wake of a show cause notice served to advocate Kiran N Makasare by Bombay City Civil and Sessions Judge M I Tahiliani. The HC has quashed the notice stating that although Makasare had disturbed the judge during recording of a statement, the former's intention was not to insult the court.Makasare was arguing an application for anticipatory bail of his client Hawaldar Singh before Sessions Judge Tahiliani. Singh was apprehending arrest in a property transfer case. Singh claimed that he had taken possession of the residence ofone Freny Dinshaw, a property owned by General Typewriters, Mumbai.He claimed that Dinshaw had surrendered the premises to the landlord. During the course of the hearing, the judge asked if Singh had paid any money to Dinshaw. The judge was told by Hawaldar Singh that there was no reason to pay Dinshaw since he had taken possession of the premises directly from the landlord.After hearing the arguments, the judge started dictating the order in the open court. The judge recorded that Makasare told him that Singh had not paid any money to Dinshaw. Makasare objected to this statement. He told the judge that his client had made the statement and therefore it should not be attributed to him.The judge told him that such a statement was indeed made by Makasare and also his client. But Makasare persisted in his objection. He said his client had made the statement since a direct question was put to him and not the advocate. The judge then took offence in the advocate's behaviour. He cautioned Makasare againstlegal action and arrest. Makasare then allegedly told the judge, "Yes, yes, I may be taken into custody."The judge then issued a show cause notice to Makasare and ordered his detainment. Makasare was released on a personal bond of Rs 500. Makasare, represented by advocate V M Kanade then moved High Court. He said he had never intended to insult the Sessions judge. He said he was merely assisting the court. "But, the judge misunderstood me and threatened to arrest me. I was taken aback and therefore I felt that if I am trying to protect the interest of my client, I should be arrested. It was never my intention to insult the judge. I regret the entire incident."The High Court has ruled that the entire incident "has been blown out of proportion and might have been quietly settled." Quoting earlier rulings, the judges observed that there ought to be a spirit of give and take between the bench and the bar.
