Introduction:

In a recent case before the Bombay High Court, involving the matter of Bhisham Hiralal Pahuja v. [Opposing Party], the Court delved into the pivotal responsibility of legal practitioners towards the sanctity of the judicial system. The situation unfolded as Advocate Zoheb Merchant, supported by Advocate Minal Jaiwant Chandnani, filed a praecipe on behalf of their client Bhisham Hiralal Pahuja, which contained scandalous allegations against Justice Nitin Sambre. The article insinuated bias on the part of Justice Sambre and implied that he would grant bail to the opposing party to maintain relations.

Arguments of Both Sides:

Advocate Chandnani, under whom Advocate Merchant operated, initially upheld the contents of the praecipe. However, upon the Court’s scrutiny, both advocates tendered an unconditional apology, acknowledging the scandalous nature of the submission. The Court expressed strong disapproval, emphasizing that lawyers’ obligations to the Court supersede their duty to clients. It referenced a Supreme Court judgment, emphasizing that lawyers cannot seek refuge behind client instructions when submitting pleadings that scandalize the court.

Court’s Judgment:

The Bombay High Court, comprising Justices Nitin Sambre and NR Borkar, reiterated the paramount importance of lawyers advising clients against making unfounded allegations. It directed the Commissioner of Police to serve a contempt notice on Bhisham Pahuja and to gather details from the newspaper ‘Rajdharma,’ which published the contentious article. The Court concluded that lawyers and litigants resorting to scandalizing tactics to secure a recusal must face severe consequences. The matter is scheduled for further hearing on January 12, 2024.