Court expunges adverse remarks made agnst lawyer by magistrate

A Delhi court has allowed the plea of an advocate seeking expungement of adverse remarks passed against him by a magisterial court during proceedings of a case saying the comments were "unwarranted and uncalled for".
Additional Sessions Judge Bhupesh Kumar expunged the remarks against the lawyer, who was representing an accused in a sexual harassment case, saying that the advocate did not disrespect the court in any manner.
A magisterial court had last year observed that the lawyer had "disrupted the proceedings and peaceful decorum" of the court by getting into "baseless and illogical arguments" with the presiding officer.
The advocate then filed a revision petition on behalf of his client (accused), seeking removal of remarks made by the trial court contending they were "unfair, arbitrary and unnecessary" and are prejudice to the interest of the accused.

The sessions judge allowed the revision petition and struck off the remarks saying, "It is found that observations made by the trial court against defence counsel in impugned proceedings and order were unwarranted and uncalled for."
"Accordingly, the adverse remarks made by the court in the impugned proceedings and order against defence counsel stands expunged..." the judge said.

The judge, while noting that the trial court in its order sheet had mentioned that the lawyer's conduct shall be taken into consideration at the final disposal of the sexual harassment case, said the remarks shall "have no effect on the merits of the case."

"The revisionist (lawyer) has not showed any disrespect to the court in any manner. Hence, these observations may create a sense of fear in the mind of the accused that his interest may be prejudiced during trial.
"In the ordersheet of July 3, 2015, the trial court had mentioned that the conduct of counsel for accused shall be taken into consideration at the final disposal. These observations cannot be termed as integral part of prosecution case, hence, cannot be criteria for the final adjudication of the matter," the sessions judge said.