Supreme Court Expunges Derogatory Remarks Against Advocate in Review Petition Case — Upholds Judicial Restraint.

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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).

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Issue of Consideration

Whether the remarks made by the High Court Judge against the Advocate General were justified and within jurisdiction.

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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
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Case Details

1990 LawText (SC) (03) 37

Civil Appeal No. 1537 of 1990

1990-03-22

K. Jagannatha Shetty, R.M. Sahai

1990 AIR 1737, 1990 SCR (2) 110, 1990 SCC (2) 533, JT 1990 (1) 545, 1990 SCALE (1) 527

K. Parasaran, P.P. Rao, Sushil Kumar Jain, Mrs. Pratibha Jain, Sudhanshu Alreya, M.L. Chansoria, R.K. Gupta, K.K. Gupta, Dr. A.M. Singhvi, Ashok Mathur, N. Waziri

A.M. Mathur

Pramod Kumar Gupta

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Nature of Litigation

Challenge to derogatory remarks made by a High Court Judge in a review petition.

Remedy Sought

A.M. Mathur sought to expunge the derogatory remarks made against him.

Filing Reason

The remarks were made during the dismissal of a review petition alleging fraud by the State Government.

Previous Decisions

The High Court had dismissed the review petition, leading to the appeal in the Supreme Court.

Issues

Whether the High Court's remarks against the Advocate General were justified. Whether the appellant had the opportunity to respond to the allegations made.

Submissions/Arguments

The appellant contended that he was not given an opportunity to meet the allegations in the review petitions. The respondent argued that the review petition was not maintainable.

Ratio Decidendi

Judicial restraint and discipline are essential for the orderly administration of justice, and judges must avoid making derogatory remarks unless absolutely necessary for the case's decision.

Judgment Excerpts

Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. The observations made and strictures passed by B.M. Lal, J. were totally unjustified and unwarranted and they ought not to have been made.

Procedural History

The High Court dismissed the review petition on 6th February 1989, leading to the appeal in the Supreme Court.

Acts & Sections

  • Constitution of India: Article 14
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