Kerala High court 
Governance

KHCAA Seeks Transfer of Justice Badharudeen Following Incident with Widowed Lawyer

The conflict stems from an incident on March 6 when advocate Saritha Thomas requested additional time to change a vakalat (legal representation document) as her husband, advocate Alex M. Scaria, had passed away in January.

The Mooknayak English

Kochi- The Kerala High Court Advocates' Association (KHCAA) passed a resolution on Monday demanding the transfer of Justice A. Badharudeen following a controversial courtroom incident that has deepened tensions between the judge and the legal community.

The conflict stems from an incident on March 6 when advocate Saritha Thomas requested additional time to change a vakalat (legal representation document) as her husband, advocate Alex M. Scaria, had passed away in January. Justice Badharudeen allegedly responded harshly to this request, causing the recently widowed lawyer to break down in tears and triggering widespread outrage among the legal fraternity.

According to the sources, Justice Badharudeen responded in an "extremely rude and uncivilized manner" to the lawyer's request and even asked "Who is Alex Scaria?" The lawyers argued that such conduct was not only inappropriate for the bench but also disrespectful to the deceased Scaria, for which Justice Badharudeen should apologize.

Despite conciliation efforts by Chief Justice A.J. Thomas, including a meeting where Justice Badharudeen expressed "deep regret" over the incident, the KHCAA remained unsatisfied. At a special meeting convened on Monday, the association formally resolved to request the Chief Justice of India to transfer Justice Badharudeen out of Kerala.

According to sources, the judge was unaware of Scaria's death or that Thomas was his widow when the interaction occurred. Thomas reportedly remained silent when questioned about who had filed the previous vakalath, and no one present informed the judge about her recently bereaved status. Justice Badharudeen reportedly maintains that had he known about her situation, he would have shown special consideration.

Adding to the complexity of the situation, KHCAA president Yeshwanth Shenoy, who was not invited to the weekend reconciliation meeting with the Chief Justice, expressed his discontent in a letter to association members. The association has also decided to suspend and initiate disciplinary proceedings against senior advocate George Poonthottam, who had participated in the conciliation talks.

This controversy doesn't mark the first time the KHCAA has had issues with Justice Badharudeen. The association has previously stated it received numerous complaints from advocates regarding the judge's courtroom conduct, suggesting longstanding tensions between the judge and Kerala's legal community.

In addition to seeking Justice Badharudeen's transfer, the KHCAA has reiterated its demand for mandatory video recording of court proceedings, likely aiming to create greater accountability for judicial conduct in the courtroom.

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