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2021 (8) TMI 1304 - SC - Indian LawsExpunction of disparaging remarks against a person whose conduct comes in for consideration before a Court of law - party whose conduct is in question is before the court or has an opportunity of explaining or defending himself? - evidence on record bearing on that conduct justifying the remarks - HELD THAT:- Having perused the offending comments recorded in the High Court judgments, we feel that those could have been avoided as they were unnecessary for deciding the disputes. Moreover, they appear to be based on the personal perception of the learned Judge. It is also apparent that the learned Judge did not, before recording the adverse comments, give any opportunity to the Appellant to put forth his explanation. The remarks so recorded have cast aspersion on the professional integrity of the Appellant. Such condemnation of the Counsel, without giving him an opportunity of being heard would be a negation of the principles of audi alteram partem. The requisite degree of restraint and sobriety expected in such situations is also found to be missing in the offending comments. The tenor of the remarks recorded against the Appellant will not only demean him amongst his professional colleagues but may also adversely impact his professional career. If the comments remain unexpunged in the court judgments, it will be a cross that the Appellant will have to bear, all his life. To allow him to suffer thus, would be prejudicial and unjust. The offending remarks recorded by the learned judge against the Appellant should not have been recorded in the manner it was done. The Appellant whose professional conduct was questioned, was not provided any opportunity to explain his conduct or defend himself - Appeal disposed off.
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