January 5, 2025

Supreme Court scolds lawyer over ‘Scurrilous’ remark: ‘This Is not A boat club’

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The Supreme Court on Thursday expressed strong disapproval of “scurrilous and unfounded allegations” in a petition challenging the senior designation of lawyers. A bench of Justices B R Gavai and K V Viswanathan questioned advocate Mathews J Nedumpara, who represented the petitioners, asking, “How many judges can you name whose offsprings have been designated as senior counsel?”

The bench referred to the plea’s claims, which it said contained insinuations against the judiciary. The petition included a statement suggesting that no judge’s family member, older than 40, remained a “plebeian lawyer.” This allegation led to the court’s sharp response.

During the hearing, Justice Gavai reprimanded Nedumpara for speaking beyond legal arguments, saying, “This is a court of law, not a boat club or Azad Maidan in Bombay.” He urged Nedumpara to present legal points, not arguments aimed at the gallery.

The bench offered Nedumpara the chance to amend the petition and advised that failure to do so could lead to further actions. The court made it clear that the petitioners must decide whether they would continue with the “scurrilous averments.”

The petition, filed by Nedumpara and others, challenged the senior designation of lawyers. It argued that the system of categorizing lawyers into senior advocates and other advocates created inequality, violating the principle of equality under the Constitution. The petition also contested Sections 16 and 23(5) of the Advocates Act, claiming they led to inequities not foreseen by Parliament.

In addition, the petition sought the quashing of the Delhi High Court’s decision to grant senior designations to 70 lawyers. The bench allowed four weeks for the petitioners to amend their plea, making it clear that the scurrilous allegations needed to be addressed.