Rohinton Nariman, Navin Sinha
Rohinton Nariman, Navin Sinha
Litigation News

Supreme Court expunges remarks against Advocate for not "opening his mouth" during virtual hearing after clarification

The top court had earlier pulled up the lawyer for not speaking when his case was called on the impression that the lawyer had been stalling the virtual hearing until the appearance of a senior lawyer.

Debayan Roy

After it expressed ire over the failure of a lawyer to speak during a virtual court hearing, the Supreme Court on Friday expunged its critical remarks after the lawyer swore on oath that he did not engage any Senior lawyer that day, contrary to the top Court's impression.

On August 25, the Bench of Justices Rohinton Fali Nariman and Navin Sinha had pulled up the lawyer when his case was called in the virtual court hearing, remarking that the lawyer ought to have been upfront with the Court that he was waiting for a Senior Advocate to appear.

The Bench of Justices Rohinton Fali Nariman and Navin Sinha had observed in their order that,

"Despite the fact that the mike was on and despite the fact that he was told by the Court at least three times that he should open his mouth, he purposely did not do so because he was waiting for a Senior Advocate. He should have come upfront with the Court and informed the Court that he was waiting for the Senior Advocate instead of indulging in tactics of this kind."

However, the lawyer has now informed the Court, on oath, that he did not engage any Senior lawyer. In view of this submission, the Bench has ordered the expungement of the above remarks made against the lawyer in its last order.

"Mr. Anukul Raj, learned Advocate has stated on oath that he did not engage any Senior Advocate on the date of hearing of the Special Leave Petition. Since this is the case, we modify our order dated 25.08.2020. The order on merits survives."

the Court said.

On August 25, the Court had also issued a cautionary note against taking undue advantage of the virtual court, stating,

"We strongly deprecate tactics of this kind. We do not want advocates to take advantage of a non-physical hearing system when it is working on both sides."

However with its order passed yesterday, these remarks by the Court also stand expunged.

Read order:

Remarks against lawyer expunged.pdf
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