The Supreme Court has quashed adverse comments made by a judge of the Uttarakhand High Court against a lawyer in a 2022 order, emphasizing the violation of natural justice principles.
A bench comprising Justices BR Gavai and KV Viswanathan criticized the High Court’s actions, highlighting the lack of opportunity given to the lawyer to defend himself before the remarks were made. “Condemning someone unheard is fundamentally unsustainable in law,” the Court noted in its decision.
The case originated from a property dispute where the litigant alleged negligence by his lawyer, Dushyant Mainali, in filing a revision petition against a 2019 trial court verdict. The High Court had referred the matter to the Bar Council of Uttarakhand for disciplinary action against Mainali.
Mainali challenged this order in the Supreme Court, which not only expunged the remarks but also expressed concern over repeated instances of the same judge making unwarranted comments against lawyers.
“This is not the first time this Court has had to disapprove of the judge’s proclivity for making adverse remarks against advocates,” the Bench observed, referencing similar incidents in prior cases.
The Supreme Court reiterated the importance of upholding natural justice, ensuring that no one—lawyer or otherwise—is condemned without a fair hearing.
