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STERLITE’S “FAVOURITISM” AVERMENT!!!

The reports that surfaced in the media that Vedanta Group which owns the copper smelter plant in Thoothukudi under Sterlite brand gone to Supreme Court to challenge the Madras High Court Order – justifying closure of the plant by the Tamil Nadu Government – filed an amendment to remove the averment “favouritism” shown by the High Court – is necessitated to maintain the decorum and integrity of the Courts.

It is quite natural when an Advocate who gets an adverse Order from the Court and when he pitched for an Appeal, sometimes the language he uses against the Order of the lower Court might not be in good taste or an understanding which he develops at later stages pushes the Advocate to remove the remarks that he made against the Order in his Petition.

Such averments shall not be construed “disrespect of the Court.” It is good that the Counsels on Record have utilized an opportunity and filed an Amendment to expunge such remarks against the High Court before Supreme Court takes up the hearing.

I still remember, in one of my Petitions in the High Court, wherein, I was challenging the Order of the Lower Court Order, in my Petition, I frequently used the word “Inferior Court” the Judge after seeing this, got agitated and angrily asked me where did I pick this word “Inferior Court,” I replied which is found in Cr.P.C. and I pleaded apology for such utterances found in my Petition. Sometimes it happens that even the codified provisions would have the nomenclature wherein the Court would think in other way of its usage in our Petitions.  

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