Case Note & Summary
The case involved a dispute regarding derogatory remarks made by a High Court Judge against A.M. Mathur, the former Advocate General of Madhya Pradesh, during the dismissal of a review petition. The review petition was filed by Promod Kumar Gupta, who alleged that the State Government had committed fraud in procuring a judgment from the Supreme Court. The High Court dismissed the review petition, with Judge B.M. Lal making disparaging remarks about Mathur's professional conduct. Mathur appealed to the Supreme Court, arguing that he had not been given an opportunity to respond to the allegations made against him. The Supreme Court found that the remarks made by the High Court were not only unjustified but also outside the jurisdiction of the court, as they were made without giving Mathur a chance to defend himself. The Court emphasized the necessity of judicial restraint and the importance of judges maintaining respect for all parties involved in litigation. The Supreme Court ultimately allowed Mathur's appeal, expunging the derogatory remarks made by the High Court and refraining from imposing costs due to the respondent's status as an advocate. The judgment reinforced the principle that judges should exercise caution and humility in their comments to uphold the integrity of the judicial process.
Headnote
A) Constitutional Law - Article 14 Violation - High Court's Judgment Invalidated - The Supreme Court invalidated the High Court's decision on the grounds of violating Article 14 of the Constitution, emphasizing the need for judicial restraint and discipline in remarks made by judges. The Court held that derogatory remarks should not be made unless absolutely necessary for the case's decision. (Paras 1-2). B) Judicial Conduct - Derogatory Remarks - The Supreme Court emphasized that judges must avoid intemperate comments and maintain respect for parties and counsel, stating that the remarks made by the High Court were unjustified and unwarranted. The Court expunged these remarks and highlighted the importance of humility and restraint in judicial proceedings. (Paras 2-3).
Issue of Consideration
Whether the remarks made by the High Court Judge against the Advocate General were justified and within jurisdiction.
Final Decision
The Supreme Court allowed the appeal, expunged the derogatory remarks made by the High Court against A.M. Mathur, and refrained from imposing costs due to the respondent's status as an advocate.
Law Points
- Judicial restraint
- derogatory remarks
- professional conduct
- Article 14
- review petition
- jurisdiction



