SC Directs Litigant And Lawyer To Tender Unconditional Apology For Remarks Against Telangana HC Judge

New Delhi: The Supreme Court on Monday directed a litigant and his counsel to tender an unconditional apology to a judge of the Telangana High Court, against whom they levelled "scurrilous allegations", saying it is a "disturbing trend" where lawyers and litigants questioned the integrity of judges in politically sensitive matters.

The matter came up for hearing before a bench led by Chief Justice B R Gavai and comprising Justices K Vinod Chandran and Atul S Chandurkar. The bench, citing a constitution bench judgment, said it was held that both litigants and lawyers could be held guilty of contempt for making scandalous allegations against judges. Citing a recent ruling by a three-judge bench, the bench said that it favoured accepting apologies in such situations over punitive action, saying "wisdom lies in forgiving rather than punishing".

The top court was hearing a suo motu contempt plea when it observed allegations against high court judges were contemptuous and could not be condoned. Senior advocate Sanjay Hegde, appearing for a contempt notice, tendered an "unconditional and unreserved apology".

The bench said it cannot permit judges to be put in a box and allow any litigant to make such allegations. "Judges of the high courts are constitutional functionaries with the same respect and immunity as Supreme Court judges," said the CJI. Hegde elaborated on the circumstances in which the statements were made.

The bench noted that such conduct had become a "disturbing trend" where lawyers and litigants questioned the integrity of judges in politically sensitive matters.

The bench directed for the already disposed of matter to be reopened in the Telangana High Court and placed before the judge concerned within a week aside from ordering the petitioner before it to furnish an unconditional apology before the judge. The apex court said the judge would then decide within a week whether to accept the apology.

The case originated from a transfer petition filed by N Peddi Raju, alleging bias and impropriety against the high court judge who quashed a criminal case under the SC/ST Act against Telangana Chief Minister A Revanth Reddy.

The apex court on July 29, issued contempt notices to Peddi Raju, his advocate-on-record, and other lawyers involved, refusing to allow them to withdraw the petition and said, "We cannot permit judges to be out in a box and allow any litigant to make such allegations against a judge. Here we were trying to protect lawyers." The apex court was hearing a transfer plea filed by Raju, through the lawyer.

The bench decided to issue show cause notice to the petitioner and his lawyers and also declined the request to withdraw the plea. The bench said it cannot allow any litigant to make such allegations against a judge. The bench said scurrilous allegations have been made against the sitting judge of Telangana High Court.