Contumacious Disregard Of Court Orders By Advocates Must Be Addressed By Bar Council: Bombay High Court Refuses To Expunge Remarks

"In the recent times we have observed a rising trend amongst Advocates to willfully and contumaciously disregard or blatantly disobey the Orders of this Court or to mislead it and thereby undermine the Authority of the Court." Bombay High Court, in a stern directive, has refused to expunge adverse observations made against a legal practitioner, citing an alarming trend of Advocates willfully disregarding judicial mandates.

A division bench comprising Justice A. S. Gadkari and Justice Kamal Khata emphasized that judicial leniency has inadvertently emboldened practitioners to treat court orders with casual indifference, necessitating a firm stand to uphold the dignity of the institution.

Court Rejects Request For Leniency

The matter concerned an application moved by Senior Advocate Girish Kulkarni, appearing for the Respondent Bank, requesting the court to expunge disparaging observations made in an earlier order against Advocate Mandar Lalsare. The plea sought to pardon the advocate's conduct and prevent a referral to the Bar Council of Maharashtra and Goa. The bench categorically turned down this request, observing that a pattern of contemptuous conduct has emerged where advocates assume that an unconditional apology, tendered either personally or through senior counsel, will suffice to absolve them of their professional misconduct.

Judiciary Must Arrest The Decline Of Authority

The bench remarked that the practice of offering excuses following the violation of court orders has reached a tipping point, observing that such behavior is no longer confined to litigants but has permeated to legal professionals and even government officers. The court noted that in the recent past, it had observed acts of misbehavior from various quarters, including judicial officers, leading to a erosion of the sanctity of the courtroom. The court asserted that it is now "imperative to arrest this decline and prevent the authority of Courts being trampled by unscrupulous litigants and Advocates who have scant respect for the Court proceedings."

Bar Council Tasked With Ensuring Accountability

Refusing to treat the matter with the traditional "large-hearted" approach that courts have previously adopted, the bench held that mere apologies are insufficient to counter the systemic disregard for judicial authority. The court has now formally placed the onus on the Bar Council of Maharashtra and Goa to take stern disciplinary action against such errant members. By delegating this responsibility, the court aims to send a strong message to the legal fraternity that the dignity of the court and the sanctity of its orders are paramount.

Progress In Ongoing Cyber Crime Investigation

Beyond the disciplinary observations, the court also streamlined the investigative process regarding CR No.211 of 2024. Following the court’s previous directions, the Regional Heads of several banks appeared personally to ensure compliance. The court accepted the undertakings of the respective counsel that bank officials would appear before the investigating officer at the Cyber Police Station, Worli, to have their statements recorded under Section 161 of the CrPC or Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023. These appearances are scheduled sequentially between 1st and 2nd October 2026.

Final Directions And Status

The court also noted the submission of an affidavit of unconditional apology by Advocate Atul Mishra, which was accepted and taken on record. With the bank officials directed to cooperate fully with the investigation and the disciplinary concerns regarding errant legal practice escalated to the Bar Council, the court posted the matter for further compliance on 14th October 2026.

Date of Decision: 30 September 2026