Institute of Legal and Management Studies

The Supreme Court today, while accepting the unconditional apology tendered by advocates who signed a maligning petition against a High Court Judge, expressed the need for advocates to be careful while accepting pleas containing objectionable remarks against judges.

The bench of CJI BR Gavai and Justice K Vinod Chandran was hearing the suo motu contempt proceedings initiated against lawyers who agreed to file a transfer petition with 'scurrilous and scandalous' remarks against a sitting Telangana High Court Judge, Justice Moushumi Bhattacharya.

Previously, the bench directed the contemnors to place an apology before the High Court Judge for her consideration.

Today, the bench noted that Justice Moushumi Bhattacharya has, in her order dated August 22, accepted the apology tendered by the concerned advocates.

"The learned judge has shown the magnanimity of accepting the apology tendered by the petitioners," the bench noted.

While disposing of the plea, the bench observed :

"In the recent past, we have noticed a growing trend of the litigants making scurrilous and scandalous allegations against the judge when they fail to get favourable orders. Such a practice has to be strongly deprecated."

"It is further to be noted that the lawyers are believed to be the officers of the Court. And as the officer of the Court, they owe a duty to this court," the bench added.

The bench then referred to the recent case of E Eswaranathan v. State, represented by the Deputy Superintendent of Police . Here, the bench of CJI BR Gavai and Justices K Vinod Chandran and Joymalya Bagchi held that lawyers should not be castigated for small mistakes, as that may affect their career detrimentally. It also held that "Majesty of law lies not in punishing someone but forgiving them for their mistakes."

While accepting the unconditional apology of the advocates, the Court also flagged caution for advocates to be careful while signing pleas that malign judges of the court. It observed :

"We are also inclined to accept the unconditional apology tendered by the alleged contemnor. However, we may put a note of caution that the lawyers are expected to act as officers of the court, to be careful while subscribing their signatures on the pleadings, which are in the nature of making scandalous and scurrilous allegations against the judges of the Court."

The bench proceeded to close the contempt proceedings accordingly.

Case Details: In Re N Peddi Raju and ors | SMC(C) No. 3/2025