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Supreme Court makes firm note on 'scandalous allegations' against judges: ‘Must be careful’
The CJI BR Gavai-led bench emphasised the need for advocates to exercise caution when accepting pleas that contain objectionable remarks against judges.
The Supreme Court on Monday observed a “growing trend” of making malicious accusations against judges after getting unfavourable orders.
The bench of Chief Justice BR Gavai and Justice K Vinod Chandran made the remarks while accepting an unconditional apology tendered by the advocates who had signed a petition maligning a sitting Telangana high court judge, Justice Moushumi Bhattacharya, in a suo motu contempt proceeding.
The bench emphasised the need for advocates to exercise caution when accepting pleas that contain objectionable remarks against judges.
“In the recent past, we have noticed a growing trend of the litigants making scurrilous and scandalous allegations against the judge when they fail to get favourable orders,” the bench noted, according to a LiveLaw report, adding that such a practice should be strongly discouraged.
It further noted that the lawyers are believed to be the officers of the Court and, as such, they "owe a duty to this court."
The Supreme Court had previously directed the concerned lawyers to place an apology before the high court judge for her consideration.
Telangana high court judge accepts apology
On Monday, the Supreme Court bench hearing the contempt case noted that Justice Moushumi Bhattacharya has, in her order dated August 22, accepted the apology tendered by the concerned advocates.
"The learned judge has shown the magnanimity of accepting the apology tendered by the petitioners," the bench noted.
The CJI Gavai-led bench also referred to the recent case of E. Eswaranathan v. State, represented by the Deputy Superintendent of Police.
In this case, CJI BR Gavai and Justices K. Vinod Chandran and Joymalya Bagchi held that lawyers should not be penalised for minor mistakes, as this may adversely affect their careers. It also held that "Majesty of law lies not in punishing someone but forgiving them for their mistakes."
Supreme Court asks lawyers to be careful
While accepting the unconditional apology of the advocates, the Supreme Court also cautioned lawyers to be careful when signing pleas that malign the judges of the court.
"We are also inclined to accept the unconditional apology tendered by the alleged contemnor. However, we may put a note of caution that the lawyers are expected to act as officers of the court, to be careful while subscribing their signatures on the pleadings, which are in the nature of making scandalous and scurrilous allegations against the judges of the Court," the bench noted.
The bench then proceeded to close the contempt proceedings.
