Uttarakhand High Court rules advocates cannot receive adverse judicial comments without being heard

The Uttarakhand High Court has ruled that an advocate cannot be subjected to adverse judicial remarks unless given a proper opportunity of being heard. The decision shields legal counsel from arbitrary strictures passed during ongoing court proceedings. Judicial accountability requires courts to observe principles of natural justice not only for litigants but also for officers of the court appearing on their behalf.

In practice, unvetted adverse comments can harm professional reputations, making prior notice and an opportunity to explain essential before any stricture is recorded. Legal practitioners should invoke this precedent to challenge unwarranted oral observations made during court hearings. CAs and law firms should advise litigation teams to document instances where procedural fairness is bypassed during judicial censure.

Bottom line: upholding natural justice for advocates maintains the respectful working relationship between the bench and the bar.