SC expunges its own remark criticizing lawyer for not speaking during virtual hearing

The Supreme Court on Friday expunged its adverse remarks against a lawyer for not opening his mouth during a hearing even though he was repeatedly told to do so by the court.

His refusal, as per the Court, apparently had stemmed from the non-appearance of a Senior Advocate, who he was waiting for.

However, the lawyer filed a statement on oath stating he did not engage any Senior Advocate on the date of hearing. He said he didn’t speak only because he didn’t know his case had been called and was being heard.

Taking into consideration the statement given on oath, a three-judge bench led by Justice Rohinton Fali Nariman ordered expunging of the remarks made by it during last hearing of the case.

The bench on August 25 had berated the lawyer and said-

“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”.

Instead of indulging in tactics of this kind, the lawyer should have been upfront with the Court and informed it that he was waiting for the Senior Advocate, the bench had said.

Read the Order

https://theleaflet.in/wp-content/uploads/2020/09/Supreme-Court_Expunging-of-Remarks.pdf