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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Pallav Sharma Son Of Late Sh.brij Mohan Sharma – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. By way of filing of this petition, the following prayer has been made by the petitioner:
"In conspectus of aforesaid state of facts it is prayed to Honourable Court to allow the present petition expunging the adverse remarks recorded against the petitioner advocate in Para 9, 10 and 11 of the order dated 8.2.2024 passed in S.B. Criminal Misc. Petition No.548/2024 (Surendra Pal Singh Sahni Vs State of Rajasthan and Others)
Award cost of the petition and pass any other appropriate order which this Honourable Court deem fit and proper in facts and circumstances of the case in favour of the petitioner."
2. Learned counsel for the petitioner submits that the petitioner is an Advocate practicing before this Court for last more than 19 years and during this period, his professional career remained unblemished and there was no complaint whatsoever against him. Counsel submits that at the time of arguments in the case of Surendra Pal Singh Sahni vs. State of Rajasthan and Others, before this Court in SB Criminal Misc. Petition No.548/2024, certain adverse remarks have been passed by this Court while passing the order dated 08.02.2024 in para Nos.9, 10 and 11. Counsel submits that bef
Adverse remarks against advocates must comply with natural justice principles, necessitating an opportunity for the advocate to be heard before such remarks are recorded.
Judicial Restraint – While it is of fundamental importance in realm of administration of justice to allow Judges to discharge their functions freely and fearlessly and without interference by anyone,....
The court emphasized the importance of preventing abuse of the legal process and securing the ends of justice.
The main legal point established in the judgment is the duty of a lawyer to act as an officer of the court and maintain professional standards and ethical conduct, as well as the consequences of supp....
Adverse remarks – There is difference between criticising erroneous orders and criticising a Judicial Officer – First part is permissible – Second category of criticism should best be avoided – No co....
The main legal point established in the judgment is the duty of a lawyer towards the court, emphasizing the importance of maintaining professional standards and ethical conduct.
Remarks by higher courts against subordinate judicial officers must be necessary and justified to uphold judicial dignity and independence.
Advocates must uphold integrity and provide accurate legal advice, as misconduct undermines the administration of justice and constitutes contempt of court.
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