‘This happened last week too, has given verdict 45 times’, what else did SC say on false petitions?

Fake Petitions In Supreme Court: The Supreme Court on Friday (6 December 2024) said that filing of false cases has a negative impact on the justice system. The court made this comment when it took into consideration the matter of concealment of important facts in the premature release petitions filed by criminals serving life imprisonment. The court said that this case is not alone, but recently a similar case had come to light in which mistakes were found in 45 petitions filed by a lawyer.

The Supreme Court said, “This is not an isolated instance of this mistake happening. Even last week this happened. We have passed about 45 orders taking this into account in cases filed by the same lawyer. “

A division bench of the Supreme Court comprising Justices Abhay S Oka and AG Masih said, “Doesn’t this raise questions on our system?” The court also said that such incidents rarely happen in the High Court and it is possible that they may be happening in other benches also, but due to the heavy workload, they are not investigated properly.” Senior Advocate of the Court S Muralidhar was sought for help in formulating guidelines in this regard and the matter was listed for December 19.

Questions raised on enrollment process of senior advocates

Solicitor General Tushar Mehta expressed concern over the issue and said it would have a deep impact on the judiciary, especially when the Delhi High Court recently nominated 70 lawyers as senior advocates. Mehta raised questions over the process in which this nomination was made, alleging that a member had resigned from the committee as the final list was prepared in his absence.

Need to reconsider nomination of senior advocates

Mehta said, “When this court nominates a senior advocate, it puts the responsibility on the lawyer. This should not be allowed to become a mere matter of distribution.” Taking note of this, the court said on the objection of senior advocate Indira Jaising that the decisions given by a three-judge bench in 2017 and 2023 on the process of nomination of senior advocates cannot be revisited by a two-judge bench. .

Facts hidden in the release petition

The Supreme Court on Friday (6 December 2024) found in a petition that the facts had been hidden that the court had ordered the criminal to complete 30 years of imprisonment before release. In this matter, clarification was sought from the lawyer who filed the petition and later it was revealed that this petition was filed at the behest of senior advocate Rishi Malhotra. Malhotra took full responsibility for this mistake.

Senior advocate Muralidhar told the court that only those advocates who are on record and who are passed in the written examination should get the right to file cases in the Supreme Court. He said that panel lawyers appointed to states often receive cases from the state legal department and then send them to the advocates for filing.

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