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Synopsis

While reaffirming the principles of natural justice, the Supreme Court of India recently stated that nobody can be condemned unheard. Top Court further went on to expunge the adverse remarks made by a judge of the Uttarakhand High Court against an advocate.

Condemning the remarks of the judge, the court reiterated, "We are of the considered view that the approach of the High Court in making the observations against the appellant without giving him any opportunity of being heard is totally unsustainable in law".

"This Court, in the case of the same learned Judge of the High Court on various occasions, including in the reported judgment in the case of Neeraj Garg Vs. Sarita Rani and Ors. reported in 2021(9) SCC 92 and recently in C.A. Nos. 110043-11044 of 2024 titled as “Siddhartha Singh Vs. Assistant Collector First Class/Sub Divisional Magistrate & Ors., vide order dated 24.09.2024, have observed with disapproval the proclivity of the said learned Judge of the High Court in making remarks against the advocates," Justice BR Gavai led bench said.

The bench, also comprising Justice K.V. Viswanathan, reiterated that even the highest court of the country is bound by the principles of natural justice, as nobody can be condemned unheard.

Said observations were made in a case challenging the Uttarakhand High Court’s order dated June 20, 2022, wherein adverse remarks were passed against advocate Dushyant Mainali

According to the Uttarakhand High Court's order, Justice Sharad Kumar Sharma had directed, "This Court directs the Registrar General of this Court to refer the matter to the Bar Council of Uttarakhand to draw and appropriate disciplinary proceedings against the professional misconduct on the part of Mr Dushyant Mainali and to conduct and conclude the proceedings against him within a period of six months from today and report back to this Court of decision."

In view of the aforesaid, the court allowed the appeal.

Case Title: DUSHYANT MAINALI VERSUS DIWAN SINGH BORA & ANR