SC Expunges Remarks Against Advocate That He Did Not Open Mouth During VC Hearing [Read Order]

LIVELAW NEWS NETWORK

5 Sep 2020 4:52 AM GMT

  • SC Expunges Remarks Against Advocate That He Did Not Open Mouth During VC Hearing [Read Order]

    A Supreme Court bench headed by Justice R F Nariman has expugned the remarks made against an advocate that he had refused to open his mouth during virtual court hearing.On August 25, the bench, also comprising Justice Navin Sinha and Indira Banerjee, had berated Advocate Anukul Raj saying: "Despite the fact that the mike was on and despite the fact that he was told by the Court at least...

    A Supreme Court bench headed by Justice R F Nariman has expugned the remarks made against an advocate that he had refused to open his mouth during virtual court hearing.

    On August 25, the bench, also comprising Justice Navin Sinha and Indira Banerjee, had berated Advocate Anukul Raj saying: "Despite the fact that the mike was on and despite the fact that he was told by the Court at least three times that he should open his mouth, he purposely did not do so because he was waiting for a Senior Advocate"

    The bench had said that he should have been "upfront" in stating that he was waiting for the senior advocate, instead of "indulging in tactics of this kind".

    "We strongly deprecate tactics of this kind. We do not want advocates to take advantage of a non-physical hearing system when it is working on both sides", the Court had added.

    However, as per the version of the advocate, he kept silent because he did not realize that his case was being considered. 

    The advocate later filed a statement on oath before the Court saying that he had not engaged any senior advocate on that day.

    Considering his statement, the bench on Friday expunged all the above said adverse remarks passed against the advocate.

    The bench however clarified that the dismissal of the Special Leave Petition will remain unaffected.

    Click here to download order

    Read Order



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