'Avoid Unnecessary Remarks On Counsel's Conduct': Supreme Court Expunges Remarks Made Against Lawyer By Uttarakhand High Court

The Supreme Court observed that the judges should avoid unnecessary remarks on the conduct of the counsel which may have no bearing on the adjudication of the dispute before the Court.

The bench comprising Justices RF Nariman and Hrishikesh Roy observed thus while ordering expunction of certain remarks made against a lawyer by the Uttarakhand High Court in an order passed by it. 

The lawyer, with 17 year standing, had approached the Apex Court seeking expunction of some adverse remarks made against him in a judgment. He contended that he should not be made to suffer adverse comments on his conduct as a lawyer only because the concerned Judge may not appreciate the efforts made by the Counsel, on behalf of his client.

"While it is of fundamental importance in the realm of administration of justice to allow the judges to discharge their functions freely and fearlessly and without interference by anyone, it is equally important for the judges to be exercising restraint and avoid unnecessary remarks on the conduct of the counsel which may have no bearing on the adjudication of the dispute before the Court.", the Court said while referring to various precedents cited by the counsel for the appellant in this regard.

The bench said that the remarks appear to be based on the personal perception of the Judge and before recording the adverse comments, the lawyer was not given any opportunity to put forth his explanation.

"The remarks so recorded have cast aspersion on the professional integrity of the appellant. Such condemnation of the Counsel, without giving him an opportunity of being heard would be a negation of the principles of audi alteram partem. The requisite degree of restraint and sobriety expected in such situations is also found to be missing in the offending comments. The tenor of the remarks recorded against the appellant will not only demean him amongst his professional colleagues but may also adversely impact his professional career. If the comments remain unexpunged in the court judgments, it will be a cross that the Appellant will have to bear, all his life. To allow him to suffer thus, would in our view be prejudicial and unjust", the bench said.

While ordering expunction of those remarks, the bench noted that the comments were also unnecessary for the decision of the Court.

Case: Neeraj Garg vs. Sarita Rani ; CA 4555 ­- 4559 OF 2021

Coram: Justices RF Nariman and Hrishikesh Roy

Citation: LL 2021 SC 338

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