'Disgusted...': Supreme Court on suppression of facts in remission plea
What's the story
The Supreme Court has taken strong exception to the repeated practice of suppressing facts in remission petitions. The latest case was of a convict who didn't mention a similar plea pending in the Delhi High Court. Justice Abhay Oka, who was part of the bench hearing the matter, expressed his annoyance, saying, "In one sentence, we feel disgusted that this court is taken on a ride in such matters."
Notice issued
Court issues notice to petitioner for explanation
The bench, which also included Justice Augustine George Masih, has sent a notice to the petitioner asking her to explain her actions. The court hinted at possible stringent measures against such suppressions, including contempt proceedings. At the hearing on November 29, Additional Solicitor General Rajkumar Bhaskar Thakare presented two orders related to her case from the Delhi High Court, which were not disclosed when the SC granted an extension on October 21.
Surrender ordered
Court orders immediate surrender of petitioner
Now, the Supreme Court has ordered the petitioner to surrender immediately. If she doesn't do so by November 30, state police have been directed to take her into custody. The case will be heard further on December 16. Justice Oka noted this was the "50th or 51st case" of fact suppression in remission pleas, pointing to a recurring problem in the judicial system.
Advocate scrutinized
Senior advocate under scrutiny for similar issues
Meanwhile, Senior Advocate Rishi Malhotra, who represents the current petitioner, is under the scanner for similar issues in other cases. The court had also criticized Advocates-on-Record (AoRs) for relying solely on senior instructions without direct client interaction. This criticism comes in light of at least half a dozen false statement cases that have recently emerged.
Guidelines development
Legal associations involved in framing guidelines
The Supreme Court Advocates-on-Record Association (SCAORA) and the Supreme Court Bar Association are now working on formulating guidelines for the role of legal professionals in such cases. Solicitor General Tushar Mehta has proposed re-evaluating senior advocate designations to tackle these problems. In September, the same bench had dismissed two writ petitions on false statements, stressing the need for trust between Bar and Bench for judicial functioning.