Supreme Court Takes Strict Action Against Advocates for Misusing Legal Process
In a significant judgment delivered on April 17, 2025, the Supreme Court of India came down heavily on two advocates for attempting to misuse the judicial process. The case involved N. Eswaranathan, who had filed a second Special Leave Petition (SLP) challenging the same High Court judgment after his first SLP had already been dismissed by the Supreme Court.
The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma expressed strong disapproval of the conduct of Advocate-on-Record Mr. P. Soma Sundaram and Advocate Mr. S. Muthukrishnan, who had assisted in filing the second SLP with incorrect statements and without disclosing the dismissal of the first SLP.
Key Observations from Justice Bela M. Trivedi:
Justice Trivedi noted that “the Advocates appearing for the Petitioner have been found to have misused the Process of the Court. Unfortunately, the Advocates who are supposed to be the Officers of the Court and the Champions for the cause of justice, sometimes indulge themselves into a kind of unethical and unfair practices, and when caught by the Court, they tender an unconditional apology on the specious ground of inadvertent mistake.”
The judgment highlighted that “the AOR Mr. P. Soma Sundaram, had attempted to interfere and obstruct the administration of justice, tantamounting to Contempt of Court under Section 2(c)(iii) of the Contempt of Courts Act, and had committed serious misconduct and the conduct unbecoming of an Advocate-on-Record.”
Justice Trivedi quoted from earlier judgments to emphasize the standards expected from advocates: “To borrow the words of P.B. Sawant, J. in Vinay Chandra Mishra, In re: ‘Brazennes is not outspokenness and arrogance is not fearlessness. Use of intemperate language is not assertion of right nor is a threat an argument. Humility is not servility and courtesy and politeness are not lack of dignity.'”
Key Observations from Justice Satish Chandra Sharma:
Justice Sharma, while agreeing with Justice Trivedi about the misconduct, took a more lenient view regarding punishment. He observed: “I, however, feel that the punishment imposed upon Mr. P. Soma Sundaram, Advocate on Record and Mr. S.Muthukrishnan, Advocate, is too harsh.”
Justice Sharma emphasized the importance of forgiveness: “We also cannot forget क्षमा धर्मस्य मूलम् (Kshama Dharmasya Moolam) i.e., ‘Forgiveness is the root of Dharma’. In fact in the epic Mahabharata, there is a significant passage regarding forgiveness which reads as under: ‘क्षमा धर्म: क्षमा यज्ञ: क्षमा वेदा: प्रतिष्ठिता। क्षमया सर्वं लोक: स्थितं क्षमया सर्वं प्रतिष्ठितम्॥’ (Forgiveness is dharma: forgiveness is sacrifice: forgiveness upholds the Vedas. The world is held together by forgiveness – everything rests on forgiveness.)”
Court’s Final Decision:
Justice Trivedi ordered that “the name of Mr. P. Soma Sundaram shall be removed from the Register of Advocates-on-Record for a period of one month from today” and directed that “the Advocate Mr. Muthukrishnan shall pay cost of Rs.1,00,000/- (Rupees One Lakh) from his own pocket to be deposited with the SCAORA.”
However, Justice Sharma, in his separate judgment, accepted the unconditional apologies tendered by both advocates and warned them to be careful in future, setting aside the punishments imposed by Justice Trivedi.
The judgment serves as an important reminder about the ethical responsibilities of advocates and the consequences of attempting to misuse judicial processes. It highlights the Supreme Court’s commitment to maintaining the integrity of the legal system while also showing compassion when warranted.
Petitioner Name: N. Eswaranathan.Respondent Name: State Represented by the Deputy Superintendent of Police.Judgment By: Justice BELA M. TRIVEDI, Justice SATISH CHANDRA SHARMA.Place Of Incident: Dharamapuri, Tamil Nadu.Judgment Date: 17-04-2025.Result: dismissed.
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