Supreme Court asks Advocate to Tender Apology to High Court for Refusing to Argue an appeal before the Court, says “We do not appreciate such brazen conduct…”

While hearing a petition filed by a convict (serving a life sentence in a murder case) against the Allahabad High Court’s refusal to grant him bail, the Supreme Court (SC) rebuked an advocate for refusing to argue an appeal before the High Court. The SC bench constituting Justice Augustine George Masih and Justice AS Oka said, “We do not appreciate such brazen conduct on the part of the petitioner and his Advocate.” It added, “Though we are issuing notice, we make it clear that no further order will be passed on this Special Leave Petition unless the petitioner produces on record his affidavit of apology as well as an affidavit of apology of his Advocate.” The top court issued the notice returnable on September 23, 2024. 

During the proceedings, the SC bench highlighted the impugned order of the High Court which stated that the “Paper book is ready and the Court has invited learned counsel for the applicant to argue the case on merit in near future (on any Monday or Friday) but learned counsel for the applicant has declined to do so and has insisted the Court to decide the third bail application of the applicant Yogendra Yadav.” Justice Oka said, “The lawyer can say that alright, I will not be ready within one week, two weeks...but no lawyer can brazenly say that I will not argue the matter finally...There is a way of telling the court.” At last, the top court in its order on August 09 said, “We make it clear that the affidavits of apology shall be tendered before the High Court along with an application.”