Supreme Court expunges strictures against Haryana’s Additional Advocate General

Terming it “wholly unwarranted”, the Supreme Court has expunged certain strictures passed by the Punjab and Haryana High Court against Haryana’s Additional Advocate General Deepak Sabharwal.

“We find that the said observations, which are bordering on strictures, were wholly unwarranted having regard to the facts and circumstances of the case. We set aside the impugned order of the high court by also expunging all those observations as against the state and/or learned Additional Advocate General, representing the state,” a bench led by Justice BV Nagarathna said.

The top court – which had on February 17 stayed certain strictures — disapproved of the high court passing a lengthy order despite the death of the petitioner.

“In the circumstances, the high court could have simply disposed of the matter by recording the said fact (of the petitioner’s death). However, the high court has proceeded to pass a lengthy order of about 26 paragraphs and in the said order apart from recording the fact that the petitioner in the said matter was since deceased nevertheless proceeded to make certain observations against the state represented by learned Additional Advocate General,” it said.

“We find that the said observations which are bordering on strictures were wholly unwarranted having regard to the facts and circumstances of the case,” said the bench — which also included Justice Satish Chandra Sharma — in its April 21 order.

The top court’s order came on a petition filed by the Haryana Government against an order passed by the high court that said Sabharwal had made misleading submissions to oppose medical bail plea of an accused.

“Suppressing material facts, misrepresenting or misleading the court in any manner constitutes a serious violation of prosecutorial ethics and an affront to judicial integrity,” the high court had said in its January 31 order.

“Anything can be said against the party. But passing strictures against the counsel cannot happen,” the top court had said on February 17 while staying the high court’s remarks against Sabharwal.

Haryana Tribune