'Nobody Can Be Condemned Unheard' : Supreme Court Deletes Adverse Remarks Made By HC Against Advocate Without Opportunity Of Hearing

Recently, the Supreme Court expunged the adverse remarks against an advocate recorded by the Uttarakhand High Court without providing opportunity of hearing.

Also, the Court set aside the High Court's direction to the State Bar Council to initiate misconduct proceedings against the advocate without affording him an opportunity of hearing to respond to the allegations labeled against him.

“We are of the considered view that the approach of the High Court in making the observations against the appellant without giving him any opportunity of being heard is totally unsustainable in law.”, the court said.

The bench comprising Justices BR Gavai and KV Viswanathan was hearing an appeal filed by Dushyant Mainali, a practicing lawyer. The High Court of Uttarakhand at Nainital made adverse observations against him in a civil case. The appellant was neither a party to the case nor representing any litigant in the matter.

The High Court made certain adverse remarks against the appellant of professional misconduct for allegedly misleading a litigant, resulting in a delay in filing a revision petition, and also directed the Bar Council of Uttarakhand to initiate disciplinary proceedings against the appellant for his alleged misconduct.

The appellant challenged these observations on the grounds that they were made without providing him an opportunity to be heard, violating the principles of natural justice.

Providing relief to the appellant, the Court reiterated the settled principle of law that no one can be condemned unheard. The Court noted that the High Court should not have recorded adverse remarks against the appellant in the absence of concrete evidence.

Also, the Court highlighted the previous cases Neeraj Garg Vs. Sarita Rani and Ors. (2021) and Siddhartha Singh Vs. Assistant Collector First Class/Sub Divisional Magistrate & Ors., (2024) where the same learned Judge of the high Court made unwarranted remarks against advocates, emphasizing the need for judicial restraint and adherence to principles of fairness.

"There is no necessity to reiterate that even the Courts, including a highest court of the Country, are bound by principle of natural justice. Nobody can be condemned unheard," the Court said.

Accordingly, the appeal was allowed.

Appearance:

For Petitioner(s) Mr. Vinod Kumar Shukla, Adv. Mr. Abhaya Nath Das, Adv. Mr. Sugam Mishra, Adv. Ms. Monica Goel, Adv. Mr. Kishor Kumar Mishra, Adv. Mr. Aditya Mishra, Adv. Mrs. Barnali Basak, Adv. Mr. Hukum Deo Prasad, Adv. Mr. Satish Kumar, AOR

For Respondent(s) Mr. Bankey Bihari, AOR

Case Title: DUSHYANT MAINALI VERSUS DIWAN SINGH BORA & ANR.

Citation : 2024 LiveLaw (SC) 1001

Click here to read the order