N. Eswaranathan vs State Represented By The Deputy Superintendent of Police

Supreme Court Rules, 2013 – Rule 10 of Order IV – Advocateon-Record – Misconduct – Apology – Divergent opinions expressed by the Bench:

Held: [Per Court] In view of the divergent opinions expressed by the Bench on the issue of acceptance of the apology tendered by the concerned Advocates, the matter directed to be placed before the Hon’ble Chief Justice of India for appropriate orders. Supreme Court Rules, 2013 – Rule 10 of Order IV – Advocateon-Record (AOR) found guilty of misconduct or of conduct unbecoming of an AOR – The AOR has misused the process of law by filing the second SLP that is the present one on behalf of the petitioner after the dismissal of the first SLP, challenging the same impugned Judgment passed by the High Court – The AOR, instead of giving correct legal advice to the petitioner, has himself filed various applications with his own signatures and with the affidavits sworn by his colleague (advocate) on behalf of the petitioner and that too without stating the correct facts: Held: [Per Bela M. Trivedi, J.] In view of the findings, and taking recourse to the provisions contained in Order IV Rule 10 of the Supreme Court Rules, 2013, and following the precedent set by Three Judge Bench in Mohit Chaudhary, Advocate, Re, it is directed that the name of the AOR in question to be removed from the Register of Advocates-on-Record for a period of one month – Further, it is directed that the colleague-Advocate of AOR to pay a cost of Rs.1,00,000/- and deposit the same with the SCAORA to be utilized for the welfare of the Advocates. [Para 20] – Per Satish Chandra Sharma, J.: Though the conduct of the Advocates has been reprehensible and not worthy of being pardoned, however, considering the plea made by the Senior Advocates, Office Bearers of the Supreme Court Bar Association (SCBA) and Supreme Court Advocates-on-Record Association (SCAORA) and keeping in mind the absolute and unconditional apology tendered by the Advocates expressing remorse and promise made by them not to repeat the misconduct in future, the unconditional apology tendered by them is accepted and they are warned of and directed to be careful in not repeating any such misconduct in future. [Para 8]