The strength of the justice delivery system does not lie merely in statutes and precedents, but in the character of those entrusted with their application, the Madurai Bench of the Madras High Court said while appreciating the conduct of a Judicial Magistrate.

The court was hearing the petitions filed by a group of advocates practising before Madurai District Court seeking the quashing of the proceedings initiated against them by the Judicial Magistrate for disrupting the court proceedings.

Justice L. Victoria Gowri, appreciating Judicial Magistrate V, Madurai, D. Lakshmi Priya, said the court was witness to a young judicial officer who unmindful of the age, the stature or the experience of the members of the Bar chose not the path of convenience but that of conviction.

The court said faced with a charged atmosphere and competing pressure, she did not yield to expediency nor retreat into silence, but acted with resolute determination to uphold the dignity and the authority of the institution she represents.

What may be perceived by some as stubbornness, the court views as principled firmness, an essential attribute in the discharge of judicial duty. It is through such unwavering commitment, particularly by those at the very threshold of their judicial journey, that institutional integrity is preserved and public confidence is sustained, the court says.

The closer the relationship between the Bar and the Bench, the greater the duty to preserve its dignity, the court said.

While an advocate was entitled to be fearless, he/she was never entitled to be intemperate; while he/she may be firm, he/she cannot be overbearing; while he/she may criticise, he/she cannot insult; while he/she may persuade, he/she cannot pressure; and while he/she may protect the rights of the client, he/she cannot obstruct the course of justice, the court said.

The court said any collective attempt by advocates or office bearers of a Bar Association to overbear a Presiding Officer, to insist upon a particular judicial order, or to interrupt the course of a hearing in a manner unbecoming of officers of the Court, cannot be treated as protected professional conduct.

The law expects both the Bar and the Bench to remain within their constitutional and professional discipline, the court said.

The court recorded its deep appreciation of the Judicial Magistrate for her fearlessness, integrity and unwavering commitment to judicial duty.

The court said it found no justification to quash the proceedings in their inception. The court dismissed the petitions and directed the Judicial Magistrate to proceed strictly in accordance with the statutory framework and the advocates/petitioners should be at liberty to place all their factual and legal objections before the Judicial Magistrate.