'Can Any Garbage Be Thrown in Supreme Court?' : SC Slams Lawyer Over Poorly Drafted Petition

'Can Any Garbage Be Thrown in Supreme Court?' : SC Slams Lawyer Over Poorly Drafted Petition

The Apex Court emphasized the critical importance of precision and professionalism in legal drafting at its highest level in a recent case. A lawyer was reproached for submitting a petition fraught with factual errors and inconsistencies, highlighting the court's stringent expectations in such matters.

"Before filing this petition in our court, did anyone bother to read it? As the arguing and drafting counsel, did you even review what you were submitting? Can just any piece of garbage be thrown into the Supreme Court?" questioned a vacation bench comprising Justice Rajesh Bindal and Justice PB Varale, during arguments in a bail matter.

The bench's frustration was evident as it examined the petition, which was marred by factual inaccuracies, spelling mistakes, and apparent plagiarism from another case. The petition, ostensibly filed for regular bail, incorrectly referenced anticipatory bail instead.

“We are reading out a part of your petition? You have written ‘bound’ as ‘bond’. Then you say you are appealing against the anticipatory bail. Is your petition against the rejection of an anticipatory bail?” the Court asked the Lawyer, who replied that the plea was for a regular bail in a cheating case.

“How do you expect your understand anything about your petition? There is no coherence,” said the bench, adding the petition has “no head or tail”.

The bench's critique extended sharply to the overall quality of the drafting, emphasizing that such sloppiness is intolerable in any legal context, particularly in the Supreme Court. 

It observed, “How can any court understand anything when a petition is filed like this? We are commenting on the quality of the drafting".

"I oblige, my lords," he said, prompting the bench to respond that if he is obliged at the criticism, the court is also "obliged" to dismiss the petition. The lawyer quickly corrected himself, saying, "I meant 'I apologize'. I am sorry."

 

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