The Supreme Court on Wednesday reserved its verdict on the alleged misconduct of Advocate-on-Record (AoR) P Soma Sundaram in a criminal case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and other offences under the Indian Penal Code (IPC).
The Bench of Justice Bela M Trivedi and Justice Satish Chandra Sharma had earlier summoned AoR Sundaram after noticing his absence as well as alleged suppression of facts in the criminal case.
On March 28, the top court of the country was apprised that AoR Sundaram could not attend the proceedings since he was in Tamil Nadu. He was ordered to remain present before the Court on the next hearing with travel tickets as proof of his visit to Tamil Nadu.
On April 1, the Court expressed its strong displeasure over the accused not complying with an earlier order to surrender before the authorities within two weeks. Since the plea was filed through Sundaram, he was asked to explain his conduct. Various Bar leaders came in support of Sundaram, leading to a heated exchange of words in Justice Trivedi’s courtroom.
AoR Sundaram today tendered an unconditional apology. The Court, however, rejected the same on the grounds that in case such behaviour was exhibited by someone else, then also the Court would not have accepted an unconditional apology. Just because Sundaram was an AoR, he would not be treated at par with others, it added.
An unconditional apology was tendered last time also, noted the Bench.
Senior lawyers present in the courtroom today requested the Bench to forgive Sundaram. However, Justice Trivedi took objection to the lawyers coming together and pressurising the court not to pass orders. The courts were succumbing to such pressures, she added.
When the Bench said it had earlier also passed orders with regard to the deteriorating conduct of lawyers at the Apex Court, SCAORA President Vipin Nair said they have started holding training programmes for AoRs every weekend.
Sundaram today appeared in Court with the tickets of his journey. The Court pointed out that only return tickets were presented and not the tickets for onward journey.
The case itself stemmed from a criminal case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and other offences under the Indian Penal Code (IPC).
The petitioner, who was represented by Sundaram, and other accused had been convicted by the trial court and were sentenced to three years. Their criminal appeals before the Madras High Court were dismissed in 2023.
The petitioner then filed an appeal before the Supreme Court challenging the High Court judgment and also sought exemption from surrendering.
The same was dismissed by the top court, which asked the accused to surrender within two weeks. However, he then filed another SLP before the Court.
The Bench today ordered issuance of a non-bailable warrant against the petitioner (accused).
The top court of the country ordered that after his arrest, the accused shall be produced before the trial court which shall send him to the concerned jail authorities.
During the course of hearing, Justice Trivedi today said that it was painful for her to take steps against lawyers at the fag end of her career for their misconduct. However, she said that she could not shut her eyes to the wrong.
Justice Trivedi is set to retire from the Apex Court on June 9. She had earlier also taken exception to the misconduct of lawyers at the top court of the country.
She pointed out that the standard was deteriorating day-by-day. The Court wanted concrete proposals from the Supreme Court Advocate On Record Association (SCAORA) and the Supreme Court Bar Association (SCBA). Nobody was thinking for the institution. A number of orders have been passed in the past four years on the matter and nothing has happened. The judgments were not even read, she added.