The Supreme Court has taken a decisive step to expunge remarks made by Justice Sharad Kumar Sharma of the Uttarakhand High Court that were directed against an advocate in two distinct orders. This decision highlights the judiciary’s commitment to maintaining decorum and ensuring unbiased judicial conduct.
The apex court’s bench, consisting of Justices PS Narasimha and Sandeep Mehta, scrutinized the comments made by Justice Sharma in the case of Siddhartha Singh v. Assistant Collector First Class/Sub Divisional Magistrate and Others. The Supreme Court concluded that the remarks concerning the advocate’s conduct during the court proceedings were not only unnecessary but also lacked any legal foundation, making them inappropriate.
“We have gone through the orders dated 01-12-2020 and 07-12-2021 and have carefully examined the circumstances in which the observations were made by the learned Judge. Having considered the observations made by the Hon’ble Judge, we are of the opinion that neither the conduct, nor the circumstance warranted recording of the remarks. These remarks are unjustified and illegal,” the Court stated in its judgment.
The issue stemmed from Justice Sharma’s criticism of the advocate for allegedly leaving the courtroom without notifying the court, as he was attending to other cases. The Supreme Court, however, found no substantial grounds for such critical observations and recognized that the remarks were a result of personal perceptions rather than objective analysis.
Furthermore, the Supreme Court noted a pattern in Justice Sharma’s judicial opinions, marking a concerning tendency to issue adverse comments against legal professionals without sufficient cause. “We disapprove of the proclivity of the learned Judge of the High Court in making remarks against advocates for nothing so serious to take note of,” the bench commented.
