The Supreme Court has expunged adverse remarks made by the Bombay High Court against a petitioner concerning the alleged citation of a non-existent judgment, while cautioning that such practices are becoming increasingly rampant.

A Bench comprising Justice Rajesh Bindal and Justice Vijay Bishnoi was hearing a special leave petition filed by Heart and Soul Entertainment Ltd. challenging certain observations made in paragraph 22 of the High Court’s judgment.

During the hearing, the Director of the Petitioner appearing in person contended that no such non-existent judgment had been cited. While the Court chose not to examine the correctness of the allegation in detail, it exercised its discretion to expunge the impugned remarks as a matter of indulgence.

However, the Court expressed concern over the increasing incidence of citing non-existent or incorrect judgments, observing that the issue is not confined to India but is prevalent globally. It emphasised the need for greater diligence and responsibility among litigants and legal practitioners in citing authorities before courts.

Notably, the Court also remarked that it is already seized of the broader issue on the judicial side. With these observations, the special leave petition was disposed of.

Appearances:

For Petitioner(s) : Petitioner-in-person (through VC)
For Respondent(s):  Mrs. Madhavi Divan, Sr. Adv.; Mr. Janay Jain, Adv.; Mr. Rishabh Jadhav, Adv.; Mr. Sameer, Adv.; Mr. Pranav Sarthi, AOR