In a courtroom moment laced with both emotion and resolve, Supreme Court judge Justice Bela M Trivedi on Wednesday expressed her dismay at having to take disciplinary action against lawyers as she nears the end of her judicial tenure. “It is painful for me that at the fag end of my career I have to take such steps. But I cannot shut my eyes to the wrong,” she remarked, as the top court reserved its decision on alleged professional misconduct by Advocate-on-Record (AoR) P Soma Sundaram.
The remarks came during the hearing of N Easwaranathan v. State, where Sundaram was accused of suppressing material facts while filing a second Special Leave Petition (SLP) despite a prior order from the Supreme Court directing the accused to surrender. The accused had failed to do so for over eight months.
Despite Sundaram tendering an unconditional apology, Justice Trivedi remained unconvinced. “To say sorry is the easiest excuse. Unconditional apology was tendered last time also,” she observed, pointing out the lack of clarity in Sundaram’s explanation and the absence of key details regarding the earlier order’s communication to the petitioner.
The Bench, also comprising Justice Satish Chandra Sharma, pressed for answers: “Where is your explanation? Why has he not surrendered for eight months when he was supposed to do so in two weeks? And you dared to file a second SLP?” Justice Trivedi questioned.
The courtroom witnessed tense moments as senior members of the Bar urged the court to consider leniency. However, Justice Trivedi took strong exception to what she perceived as an attempt to influence the court’s decision. “You all come together here and almost pressurise the court to not pass orders, and courts are succumbing to it,” she said firmly.
This isn’t the first time Justice Trivedi has voiced concern over declining professional standards at the Bar. “The standard is deteriorating so much. We wanted concrete proposals from SCAORA and SCBA. Nobody is thinking for the institution,” she said, noting that many of her past directions had gone unheeded.
In response, Supreme Court Advocates-on-Record Association (SCAORA) President Vipin Nair informed the Bench that weekend training programs for AoRs have been initiated in light of such concerns.
The present controversy traces back to a criminal case involving offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the IPC. The petitioner, represented by Sundaram, had been convicted by the trial court and sentenced to three years in prison. The Madras High Court upheld the conviction in 2023. While challenging the High Court verdict before the Supreme Court, the petitioner sought an exemption from surrendering — which was denied. Instead of complying with the Court’s direction, he went on to file a fresh SLP, triggering the present proceedings.
On March 28, the Court had also expressed displeasure at Sundaram’s absence, asking him to appear with proof of his travel to Tamil Nadu. Today, when he presented only the return ticket, Justice Trivedi was again unimpressed. “We asked for the travel ticket. You are an AoR. All are with you and you are not able to explain basic facts,” she said.
As the hearing concluded, the Supreme Court ordered the issuance of a non-bailable warrant against the petitioner, directing that he be arrested and produced before the trial court, which will commit him to judicial custody.
Justice Bela Trivedi is set to retire on June 9. Her remarks today underscore a recurring theme in her recent judicial observations — concern for the institutional integrity of the legal profession and the role of lawyers in upholding it.
