Supreme Court flags issue of 'continued submissions' from counsel; says courts dismiss matters only after careful examination

The Supreme Court has said that once Court has indicated its mind and requested the counsel to refrain from further submissions, the same is expected to be respected.

"Orders are passed by the Court only after due consideration. The Court is always mindful of the submissions advanced and does not dismiss the matters without careful examination.", a bench of Justices Vikram Nath and Sandeep Mehta added.

The bench has further cautioned that continued insistence, especially after the Court expressed its inclination, serves no purpose and affects the decorum of proceedings.

"There needs to be a balance in the duty that advocate has towards his/her client and the Court. The orderly and dignified functioning of the Court is best ensured when the Bench and the Bar move in symphony with each other", it has further said.

These observations came to be made by the Supreme Court in an order passed yesterday while dealing with a Miscellaneous Application filed in SLP No. 27946/2025 for modification of its order dated 26.09.2025 wherein the applicant prayed for i. Expunging observations relating to conduct of the arguing counsel for the Petitioner at the hearing of the matter on 26.09.2025; and ii. Waiving costs imposed upon the petitioner while dismissing the Special Leave Petition.

Notably the Special Leave Petition was disposed and an order was passed with the following observations:

“The State Election Commission of the State Uttarakhand has filed this petition against an interlocutory order passed by the High Court whereby the High Court has given reasons for staying the clarification issued by the Commission on the premise that it was contrary to statutory provisions. Despite our communicating to the learned counsel that the matter does not deserve any interference at least six times the counsel continued to insist that this Court must pass some order. We are pained at this approach and accordingly, the petition stands dismissed with cost of Rs. 2,00,000/-(Rupees Two Lakhs only) on the Commission to be deposited with the Supreme Court Legal Services Committee within four weeks from today."

An unconditional and bona fide apology was tendered before the Supreme Court when the application was heard.

"Normally, the application would have been rejected but the Counsel himself present in Court has expressed remorse and the leaders of the Bar Mr. Vikas Singh, Senior Advocate and Mr. Vipin Nair, Advocate have assured the Court that this would not happen again", the bench noted while considering the unqualified and unconditional apology tendered by the Counsel and the fact that this was his first such incident before the Bench.

Thus, while allowing the application, the bench modified the order to the extent that the adverse remarks and the cost imposed are deleted.

Case Title: STATE ELECTION COMMISSION vs. SHAKTI SINGH BARTHWAL

Bench: Justices Nath and Mehta

Order Date: October 28, 2025