Advocate’s boisterous claims and also claiming that he made “many Judges” : Punjab & Haryana HC dismissed a plea

Punjab and Haryana High Court Took Cognizance of Cases Against MLA’s and MP’s

On Tuesday (3rd November, 2020), the single bench of Justice Arun Monga observed the Advocate Sushil Gautam’s “boisterous claims” and has said that, “to say the least, the tone, tenor, manner and conduct of the learned counsel for petitioner leaves a lot to desire. Yet, taking a lenient view thereof, this court rather prefers a self-restraint from taking any further action. However, on the invitation of the learned counsel for the petitioner the cost imposed is enhanced to Rs. 1 lac.”

The High court has dismissed his case with costs for concealment of facts due to Advocate’s ‘rowdily exuberated’ behaviour before the court that paying cost is not an issue. He also claimed that he had been instrumental in making ‘many judges’ and how his arguments/contentions can, therefore, be rejected by the Court.

The petition was filed against the police officials refused to register FIR in connection to alleged fraudulent activities committed by the Swami Vivakananda Educational & Charitable Trust. And, the same was dismissed after the Court was informed that the entire matter was already sub-judice before Civil Court as the petitioner had already filed two civil suits in this regard. 

Further, the court opined that no satisfactory response had come from the petitioner as to why he had concealed full facts of the case. And has stated, “in any case, conduct of the petitioner for indulging in subtle concealment, as aforesaid, does not inspire any confidence so as to exercise any jurisdiction under Section 482 CR.PC”.

Considering these facts, the court has dismissed the petition with a cost of Rs. 50,000/- which to be deposited in Covid-19 fund created by UT Administration, Chandigarh. And has done so, after the Advocate went rowdy and made ‘boisterous claims’.

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I am T. Madiha, a final year student of BA.LL.B from Osmania University, Hyderabad. I'm spontaneous, attentive, and a good observer. I always would like to express my prior concern in research & writing skills as it enhance me to grow for the future endeavours in the legal field. I strongly believe in Theodore Roosevelt quote by focusing on my actions rather than words as he once said - "Do what you can with all you have, wherever you are". I have sole interests on various spheres of law and wants to change the societal issues for better world. I love to live in a dynamic environment where people help others to develop their skills, my suggestions have actively been taken up in the same.