SC Expunges Adverse Remarks Passed Against Advocate by Madhya Pradesh High Court

The advocate’s plea contended that the observations made in the impugned order cast an aspersion on his conduct while he was representing the writ petitioners before the high court, and he sought the expunction of these adverse observations.

Senior advocate Siddharth Bhatnagar, appearing for the appellant Siddhartha Gupta, submitted that the advocate tendered an unconditional apology for any mistake committed while presenting and arguing the writ petition before the high court.

The counsel further urged, without prejudice to the unconditional apology, that the appellant was not engaged or involved as a counsel in the connected Writ Petition titled “Arushi Mahant & Ors. vs. Medical Education Department & Ors.,” in relation to which the adverse observations had been made. Therefore, he argued, the omission, if any, on the part of the appellant was bona fide and the appellant had no intention whatsoever to mislead the court. He thus urged that the adverse observations made in the impugned order may be directed to be expunged.

The Supreme Court, after considering the submissions and reviewing the relevant paragraph of the high court’s impugned order, observed, "Having considered the submissions advanced at bar and after going through the para of the impugned order rendered by the High Court, we feel that the adverse observations made against the advocate could have been avoided in the facts and circumstances of the case".

Court noted that it was the specific case of the appellant that he was not an advocate engaged in the case of Arushi Mahant, and thus, "the possibility of the fact regarding the decision rendered in Writ Petition not having been challenged any further may have bona fide escaped the notice of the appellant".

In this context, the bench held that the adverse comments should be expunged.

The order stated, "In this backdrop, we are of the opinion that the adverse observations supra made in Para 7 of the impugned order deserve to be and are hereby expunged so far as they relate to the appellant".