The Supreme Court’s Stance on Allegations Against Judges: A Critical Review
The Supreme Court of India recently made headlines as it criticized “scurrilous and baseless allegations” against judges in a plea challenging the senior designations conferred to certain lawyers. The bench, led by Justices B.R. Gavai and K.V. Viswanathan, emphasized the necessity of presenting legal arguments rather than unfounded claims in a court of law.
Context of the Plea
The petition was filed by advocate Mathews J. Nedumpara along with several other practicing lawyers. The petitioners alleged a troubling trend within the judiciary, stating, “It is difficult, if not impossible, to find a judge, sitting or retired, of the high court or Supreme Court, whose offspring or relatives remain plebeian lawyers after crossing the age of 40.” Such claims were met with skepticism by the bench.
Judicial Response
Justice Gavai challenged these assertions, asking, “How many judges can you name whose offsprings have been designated as senior counsel?” The bench firmly stated that the allegations were unfounded, noting the importance of maintaining the integrity of the judiciary. “We find that various scurrilous, unfounded allegations have been made against the institution,” the justices remarked.
Amendments and Future Steps
During the proceedings, Nedumpara attempted to share data to support the plea but was reminded by Justice Gavai that court is not a platform for grandstanding. The court offered the petitioners four weeks to amend their petition, indicating that failure to do so might result in necessary actions from the bench. “Be very clear whether you are going to carry on with these scurrilous averments or not,” Justice Gavai asserted.
Underlying Issues
The plea critiques the classification of lawyers into senior advocates and other advocates, arguing that it leads to inequities contrary to constitutional principles. The petition seeks to quash the recent senior designations awarded by the Delhi High Court to around 70 lawyers.
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