New Delhi, Nov 10: The Supreme Court on Monday expressed deep concern over a “growing and disturbing trend” of litigants and lawyers making scandalous and scurrilous allegations against judges when court rulings do not go in their favour.
A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran made the observation while closing contempt proceedings against litigant N Peddi Raju and two lawyers, who were cautioned that such conduct undermines the integrity of the judicial system and must be “strongly deprecated”.
It closed the matter since a Telangana High Court judge accepted the apologies tendered by the errant litigant and his two lawyers.
“In the recent past, we have noticed a growing trend of making scurrilous and scandalous allegations against a judge when they don’t pass favourable orders. Such a practice needs to be strongly deprecated,” the Chief Justice of India (CJI) said in the order.
The top court said lawyers, being the officers of the court, owe a duty to the judiciary, and they should not put their signatures on the petitions containing scandalous and scurrilous allegations against judges.
“Lawyers, as officers of the court, must be careful before signing pleadings that make allegations against judges of this court or any High Court. With this, the apology is accepted and the contempt proceedings stand closed,” the order said.
“The majesty of law does not lie in punishment but in forgiving when apology is made. Since the learned judge of the High Court against whom allegations were made has accepted the apology, we do not proceed further,” it said.
The matter arose after N Peddi Raju and his lawyers made unfounded and derogatory allegations against Justice Moushumi Bhattacharya of the Telangana High Court.
The case at hand related to a transfer petition filed by Raju, alleging bias and impropriety against the high court judge who quashed a criminal case under the SC/ST Act against Telangana Chief Minister A Revanth Reddy.
The Supreme Court bench said such remarks not only erode public faith in the judiciary but also compromise the dignity of the courts. “This practice needs to be strongly deprecated. Lawyers, as officers of the court, owe a duty to uphold the sanctity of the judicial process,” it said.
On August 11, the bench observed that high court judges were “in no way inferior” to the ones in the top court. It had then directed a litigant and his lawyers to tender an unconditional apology to a Telangana High Court judge against whom they levelled “scurrilous allegations”.
The CJI-led bench on July 29 dismissed the petition but took note of the “scurrilous remarks against the high court judge” and issued notice to the advocate on record, lawyers for Raju.
The CJI referred to a 1954 Constitution bench verdict, which had underscored that not only litigants, but also the lawyers signing scandalous petitions were equally responsible.
“The allegations are against the High Court judge; it would be more appropriate to tender the apology to the High Court judge. We permit the respondents (petitioners here) to tender the unconditional apology before the High Court judge,” it said, directing the Telangana High Court registrar general to reopen the case before the judge concerned, who would pass the final order. (PTI)
