Can’t ascribe motive to judge, says SC, issues contempt notice, Legal News, ET LegalWorld – Legal Firms


NEW DELHI: Observing that judges aren’t infallible and can pass wrong judgments that can be corrected, the Supreme Court Friday said this doesn’t allow parties to attribute motive to a judge. The SC wouldn’t tolerate parties scandalising the court by making contemptuous remarks against a judge, it said.

Sending out a stern warning to lawyers that they can’t get away after making allegations against judges while challenging their orders, a bench of Justices Sanjay K Kaul and Abhay S Oka issued a contempt notice against two lawyers for attributing motive to the MP HC chief justice who passed a judgment against the petitioner.

SC: We aren’t infallible, can commit mistakes

The Supreme Court on Friday issued a contempt notice against two lawyers for attributing motive to MP HC Chief Justice Ravi Malimath in a case. One of the lawyers had drafted the petition while the other argued the case.

“We’re troubled with the ground raised by petitioner. It’s an endeavour to scandalise the HC. Do you think you will get away by saying anything,” a bench of Justices Sanjay Kishan Kaul and Abhay S Oka told advocate ML Sharma, who appeared for the petitioner. The petition has been filed on behalf of Tikamgarh municipal council by its counsel Deepak Goel against Matsya Udyog Sahkari Samiti.

The SC said the advocate-on-record who filed the petition in SC wasn’t supposed to just put his name and signature on the petition and it’s the lawyer’s responsibility to ensure the petition is drafted as per norms.

Advocate Sharma apologised and pleaded that notice be not issued to him as his 35-years of legal practice would be “destroyed”. The bench didn’t relent before his request and directed him and advocate Goel along with Vijay Singh from Tikamgarh municipal council to file affidavit on why they shouldn’t be prosecuted for contempt.

“We aren’t infallible and we can also commit mistakes,” the SC said, adding mistakes are rectified and judgments are set aside by courts but it doesn’t mean motive is attributed to a judge.


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