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Siddharth vs. State of Madhya Pradesh & Ors.

Not available · 2025 INSC 1082Decided 9 Sept 2025
Not available
Justice Vikram Nath · Justice Sandeep Mehta

Background

The appellant, an advocate who represented petitioners in a writ petition before the Madhya Pradesh High Court at Jabalpur, was criticized by name in the High Court's final order for allegedly failing to disclose that a related coordinate-bench judgment upholding a rule had not been challenged further, with the High Court recording its "displeasure" at his conduct as bordering on "professional impropriety." The advocate sought expunction of these adverse remarks, and when his application was dismissed by the High Court, he appealed to the Supreme Court.

Decision Breakdown

The Supreme Court noted that the advocate had tendered an unconditional apology and, more importantly, was not even engaged as counsel in the connected writ petition (Arushi Mahant) whose non-challenge was the basis for the adverse remarks, so the omission, if any, could have been a bona fide oversight rather than deliberate misconduct. Finding that the adverse observations against him could have been avoided in the facts of the case, the Court expunged the remarks made against the appellant in the High Court's order and set aside the High Court's subsequent order refusing to modify/expunge them. The appeal was allowed.

Lesson Learnt

Courts will expunge harsh personal remarks against a lawyer where the underlying factual basis for blaming them turns out to be mistaken or unclear, since career-damaging observations should not be recorded against an advocate without a solid and specific evidentiary foundation.

Official source (sci.gov.in)View Judgment (PDF)

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