Lawyer Speculating About Outcome Of Pending Appeal: Supreme Court Closes Contempt Proceedings Taking 'Broader View'

The Supreme Court closed the Suo Motu Contempt Proceedings initiated against a lawyer who, in his advice to his client, allegedly speculated about the outcome of a pending appeal before it.

Background

In this case, the Trial Court dismissed an application filed by a husband (plaintiff) seeking interim anti-suit injunction against his wife restraining her from initiating any proceeding against him in Superior Court of Arizona in Maricopa County. As the High Court also upheld the Trial Court order, the plaintiff-husband approached the Apex Court. While disposing the appeal, the bench of Justices AM Khanwilkar, BR Gavai and Krishna Murari, noted a response given by a party in reference to the service of notice issued in the appeal in which it was stated that that her Attorney in India had advised her that the appeal pending before this Court will not succeed at all.

"We fail to understand as to how an advocate appearing in the matter or instructing the litigant who is party before the Supreme Court of India would be in a position to prejudge the outcome of the proceedings or if we may say so speculate about the outcome thereof. Prima facie, this, in our opinion, is bordering on professional misconduct and needs to be proceeded with. To take this issue to its logical end, we direct the respondent to file an affidavit and disclose the name of the advocate from India, who had so advised the respondent and on the basis of which she was advised to take a stand before the Superior Court of Arizona", the Court had observed.

Taking a broader view of the matter

When the matter came up for further consideration, the Court said that the impression given during the hearing of the appeal was that the party had asserted that her attorney in India had advised her that the appeal pending before this Court will not succeed at all. But, the bench perused the proceedings filed before the Superior Court of Arizona and noted that the assertion was that the 'appeal will likely not be successful."

Taking a broader view of the matter, we deem it appropriate to drop the suo motu proceedings and discharge the notice, the bench said. 

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