Legal Fraternity Applauds Justice M.S. Sonak’s Call for Courageous Criticism by the Bar
He says Bar should act as the moral, spiritual, and intellectual mentor of the judiciary.constructive criticism is essential for the health, credibility, and long-term strength of the institution.
The forthright observations of Justice M.S. Sonak that “it is a crime to remain silent when there is a duty to speak” have struck a deep chord within the legal fraternity. His remarks underscore a growing concern that the institutional role of the Bar—as the conscience-keeper of the judiciary—is gradually being diluted.
The legal fraternity across the country has widely welcomed and appreciated the forthright and principled observations made by Justice M.S. Sonak while addressing the Bar at his farewell ceremony at the Bombay High Court, ahead of his assumption of office as the Chief Justice of the Jharkhand High Court.
Speaking during a full court reference on Wednesday, Justice Sonak delivered a powerful reminder of the constitutional role of the Bar, asserting that silence in the face of institutional shortcomings amounts to a failure of duty. He emphasised that it is not only the right, but the obligation of advocates to speak up for the improvement and integrity of the judiciary.
“It is a crime to remain silent when there is a duty to speak,” Justice Sonak observed, urging the Bar to act as the moral, spiritual, and intellectual mentor of the judiciary.
Acknowledging that criticism of judges and judicial functioning can be uncomfortable, Justice Sonak nevertheless underlined that constructive criticism is essential for the health, credibility, and long-term strength of the institution. In one of the most striking passages of his address, he drew a clear distinction between hostile attacks and principled dissent.
“Our institution, which we deeply love and respect, will not remember the insults or even the berating of our enemies. But it will be sad and difficult for our institution to forget and forgive the silence of the Bar, whose members are its legitimate guards and guardians,” he said.
The remarks have generated strong resonance within the legal community, especially at a time when questions of judicial accountability, transparency, and institutional courage are increasingly being debated.
The Indian Bar Association formally welcomed Justice Sonak’s observations, describing them as bold, timely, and constitutionally rooted. Reacting to the statement, the Working President of the Association, Adv. Ishwarlal Agarwal, said that Justice Sonak had articulated exactly what the Indian Bar Association has been consistently practising in letter and spirit.
Adv. Agarwal stated that the IBA has never treated silence as neutrality, and has repeatedly criticised judicial misconduct, lodged formal complaints, and sought strict action—including criminal prosecution—against corrupt and dishonest judges, wherever credible material and evidence were available.
According to the Association, unquestioning praise and sycophancy may bring short-term personal comfort, but they corrode institutions, whereas principled criticism strengthens both the Bench and the Bar. The IBA further expressed hope that sycophant or fear-driven sections of the Bombay Bar would draw inspiration from Justice Sonak’s words, abandon practices driven by personal benefit, and realign themselves with the larger constitutional interests of the justice delivery system.
Legal commentators have described Justice Sonak’s farewell address as a rare and courageous reaffirmation of the Bar’s constitutional duty, reminding advocates that their foremost allegiance lies not with individuals or power structures, but with the Constitution, the rule of law, and the credibility of the judiciary itself.
As Justice Sonak prepares to assume office as Chief Justice of the Jharkhand High Court, his words are already being viewed as a lasting message to the Indian Bar—that true service to the judiciary lies not in flattery or fear, but in fearless, responsible, and principled engagement in the cause of justice.
