Case Law
Subject : Legal News - Courtroom Procedure
Description :
New Delhi – The Supreme Court of India, in a recent order, has directed an Advocate on Record (AOR) to appear physically before the bench to address concerns regarding "incorrect statements" found in the synopsis of a Special Leave Petition. The order, issued by a bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma, underscores the apex court's emphasis on accuracy and accountability in filings presented before it.
The case, N. Eswaranathan vs State represented by Deputy Superintendent of Police , came up for hearing as Special Leave Petition (Criminal) Diary No. 55057/2024. During the initial session, Senior Counsel Mr. R.Nedumaran appeared for the petitioner, N. Eswaranathan. However, the court, having reviewed the petition synopsis, raised concerns about "certain incorrect statements" contained within.
Justice Trivedi specifically inquired about the presence of Mr. P. Soma Sundaram, the Advocate on Record for the petitioner. Mr. Nedumaran informed the court that Mr. Soma Sundaram was not in Delhi, but in a "remote village of Tamil Nadu." The court initially directed that Mr. Soma Sundaram appear via virtual mode in the afternoon session.
In the afternoon session, Advocate Mr. P.V. Yogeshwaran appeared, stating that he had attempted to contact Mr. Soma Sundaram but was unable to reach him due to connectivity issues in the remote village. Mr. Yogeshwaran, who claimed to be from the same village, corroborated the connectivity problems.
Despite these explanations, the Supreme Court remained firm on ensuring the AOR's accountability for the petition synopsis. Senior Counsel Mr. S. Nagamuthu, who was present in court for a related matter, assured the bench that Mr. Soma Sundaram would be available on April 1, 2025.
Taking a serious view of the matter, the court issued a directive mandating the physical presence of Advocate on Record Mr. P. Soma Sundaram on April 1, 2025, at 10:30 a.m. Crucially, the court further ordered Mr. Soma Sundaram to bring "all the tickets of his travel to Tamil Nadu and back," seemingly to verify the claims of his location and absence.
The order explicitly states, "It is therefore directed that the learned Advocate on Record, Mr. P. Soma Sundaram, shall remain physically present before this Court on 01.04.2025 at 10:30 a.m. along with all the tickets of his travel to Tamil Nadu and back, as it is stated at the Bar that he is at present in the remote village of Tamil Nadu and therefore, not in a position to enter his appearance."
The case is now listed for further hearing on April 1, 2025, before the same bench. This order highlights the Supreme Court's rigorous approach to procedural compliance and the responsibility placed upon Advocates on Record to ensure the accuracy of information presented to the court, even at the preliminary stages of a petition. The court's demand for physical presence and travel documentation signals a clear message about the importance of advocate accountability and the meticulous scrutiny applied to filings before the highest court of the land.
#SupremeCourt #AdvocateAccountability #LegalProcedure #SupremeCourtSupremeCourt
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