In a significant ruling, the Kerala High Court has emphasized that courts should refrain from making unfounded assumptions against lawyers. The court stressed that advocates must be allowed considerable freedom in conducting their cases and should not be subject to prejudicial assumptions that lack factual basis. This directive aims to uphold the integrity of the legal profession and ensure that lawyers can perform their duties without undue interference or baseless accusations.
Key Points of the Ruling:
- Professional Conduct and Freedom:
The court highlighted that lawyers are integral to the justice system and must be allowed to advocate zealously for their clients within the bounds of the law. They are permitted to challenge the character and conduct of parties or witnesses as long as their comments are relevant to the case and not defamatory in nature. - Restraint in Exercising Contempt Powers:
The court reiterated that the power to punish for contempt should be exercised sparingly and only in serious cases where there is clear evidence of misconduct. This approach ensures that the power is used judiciously and not to suppress legitimate methods of advocacy. - Judicial Wisdom and Decorum:
The court underscored the importance of maintaining decency and decorum in judicial proceedings. While lawyers have the right to defend their clients vigorously, they must also respect the court’s dignity and avoid using abusive or blasphemous language.
This ruling by the Kerala High Court reinforces the need for judicial restraint and the protection of advocates’ rights to perform their professional duties without fear of unwarranted repercussions.