Supreme Court Deprecates Practice Of Advocates Accepting 'Last Minute Briefs' To Circumvent Court Proceedings

The Supreme Court, in an order passed on Friday, said it deprecates the practice of advocates accepting 'last minutes briefs' to circumvent court proceedings

The bench headed by Justice AM Khanwilkar observed thus while considering a contempt petition. 

In an order passed last month, three persons were directed by the Court to hand over vacant and peaceful possession of the property to the contempt petitioner. On their failure to do so, the contempt petition was filed. While considering the petition, the bench noted that these three contemnors were directed to remain personally present.

"Instead of remaining physically present for reporting compliance, they have chosen to engage new Advocate. We deprecate the practice and also express hope that the advocates accepting such last minutes briefs should eschew from doing so, which is nothing but trying to circumvent the proceedings before the Court.", the bench also comprising Justices BR Gavai and Krishna Murari observed.

The bench therefore issued non-bailable warrants to secure the presence of parties and posted the matter on 27th January.

The court also said that the party is free to take forcible possession with the help of police force. "We reiterate that the Commissioner of Police, Mumbai, shall provide necessary police force to facilitate forcible eviction of the respondents. That process can be carried forward irrespective of any order of the subordinate Courts issuing contrary directions impacting compliance of the Order passed by this Court.", the court added.

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