‘Legal Fraternity Must Properly Assist The Court’: Supreme Court Judge Expresses Displeasure At Lawyer For Not Filing Synopsis

On Thursday, Supreme Court Judge, Justice Sanjay Kishan Kaul expressed displeasure as one of the Counsels had failed to file a written synopsis in a final hearing matter, despite the same being stipulated in the cause list.

The Bench comprising Justice Kaul and Justice Sudhanshu Dhulia was hearing a plea challenging an order of the NCLAT. During the course of the hearing, Justice Kaul asked the Counsel, “Where is the note/synopsis?”. The Counsel apprised the Judge that he is yet to file the same.

Justice Kaul, irked by the non-filing of synopsis, told the Counsel, “Sorry, I will assume that you do not want to assist the Court…You should lose the matter only on the level of assistance.”

He added, “It is time that the legal fraternity decides that they must properly assist the court. In a final court if you walk in like this, I don’t know what would be happening in other Tribunals and courts.”

Exasperated, the Judge told the Counsel, he would note it in the order that the synopsis was not filed even when there is a stipulation to do the same. Elaborating further on the reason for his displeasure, Justice Kaul said that the Counsel was appearing in a part heard matter and he was aware that it would be taken up for hearing today.

“Since yesterday the matter has been going on. Very unfair to the court. My mind closes when such an approach is adopted”, he said.

He reckoned, “Why should we come to the aid of a litigant who thinks this is how we have to assist in the highest court.”

The Counsel requested the Bench for a short accommodation, but in vain. After much persuasion, Justice Kaul allowed him to show the documents that he wanted to refer to. “Show what you want to show”, said the Judge.

However, in the order, Justice Kaul indicated that little assistance has been provided by the said Counsel.

“Despite the clear stipulation in the cause list that a synopsis is to be filed, the same has not been filed. The matter is sought to be argued on a factual arena. The matter was part heard yesterday, The only option we have is to pursue the record before us and pass a judgment. Judgment reserved”, the Bench recorded in the order.