Bench Hunting: Bar Council Notice to 16 Lawyers in Punjab & Haryana HC; Singhvi, Rohatgi Also to Respond

According to the notice, the committee has found “prima facie” material pointing to an attempt to manipulate the bench assignment process of the Punjab and Haryana High Court in a “tactful, systematic and organised manner.” The alleged conduct, it says, amounts to "an invasion of the temple of justice", reminiscent of historical discretion like invasion of Somnath temple in the 11th century..

The lawyers named in the notice include senior advocates Rakesh Nehra and Puneet Bali, and advocates J.K. Singla, Sidharth Bhardwaj, Aditya Aggarwal, Gagandeep Singh, Anmol Chandan, Baljeet Beniwal, Harsh Sharma, Sauhard Singh, Rupender Singh, Ankit Yadav, Ashim Singla, Aakash Sharma, Bindu, and A.P.S. Shergil. All have been directed to appear before the Privilege Committee on August 16 at 3 p.m., either personally or through counsel, and submit written replies.

The notice singles out J.K. Singla as having played a “key role” in the alleged orchestration but emphasises that such a “well-planned and strategised” effort could not have been executed by one person alone. “There are ingenious minds behind the curtains,” the committee observes, indicating that it believes multiple individuals coordinated the alleged actions.

While Singhvi and Rohatgi are not enrolled with the Punjab and Haryana Bar Council and have therefore not been formally issued notices, the committee has nonetheless called for their responses “in the interest of a fair and comprehensive adjudication.” Their inclusion in the list of names appears to stem from their involvement in the high-profile Roop Bansal Vs. State of Haryana case, which is at the centre of the allegations.

The committee has also referred to a news report published in The Indian Express under the headline, “Reassigned Case: Chief Justice Nagu hints at ‘Bench Shopping’, says Bar being destroyed.” The report stated that in one hearing, the bench asked the builder’s legal team to produce the advocate who had filed a fresh plea in the matter “just to get the case out of a particular bench.” The committee noted that these published accounts mirrored the concerns evident in the records and orders before it, clearly hinting at attempts to manipulate the bench assignment process.

Bench hunting, though not defined under statute, is understood as the practice of attempting to secure a particular judge or avoid another, thereby influencing the outcome of a case before it is even heard. The notice warns that such actions, if proven, amount to an attack on the purity of justice and cannot be tolerated within the profession.

The Privilege Committee makes clear that its findings are based on “documents placed before it” which, in its view, indicate deliberate and concerted steps to alter the bench allocation in certain matters.

"We are reminded of the Mahabharata, where the silence of wise men in Dhuryodhana's court led to the disrobing of Draupati. This serves as a grim reminder that silence and inaction in the face of injustice enable further injustice,” the notice states.

The committee has scheduled the hearing for August 16, at which the named lawyers will have an opportunity to present their defences.