Advocate Must Avoid Being A Litigant & Must Never Become A Surety : Justice BV Nagarathna

While dismissing a Public Interest Litigation filed by Advocate and petitioner-in-person Advocate Vishal Tiwari seeking a review of the dowry and domestic violence laws allegedly used to harass the husband and his family, the Court called out the advocate for being involved as litigant in this case. The PIL was filed in the wake of the suicide of a man named Atul Subhash allegedly due to harassment by his wife through matrimonial cases.

A bench of Justices B.V. Nagarathna and Satish Chandra Sharma was hearing this matter. It dismissed the PIL on the grounds that laws are made by the Parliament and the Court cannot interfere with legislative wisdom.

At the moment when Justice Nagarathna perused the files to pass the order, she realised that the petition had been filed by the advocate himself. 

She therefore remarked that advocates must avoid filing such petitions. She said: "You see, you are an advocate. Never become a litigant. See an advocate must avoid being a litigant and an advocate must never be a surety. Two advice we are giving. You are exposing yourself. See, we might pass scriptures, we might impose cost. You are a practising advocate. Why do you want to expose yourself as a party?""

Tiwari responded that such false cases are impacting legal practice. When Justice Sharma questioned how it is affecting his practice, Tiwari stated that his practice is not impacted but nevertheless, it is a "burden" on the judiciary when such cases are filed. 

However, the response did not sit well with Justice Sharma, who remarked: "There is no burden upon us. We have taken oath, we have to decide cases as per law. Don't say all that."

Case Details: VISHAL TIWARI v. UNION OF INDIA AND ANR., W.P.(C) No. 25/2025

Click Here To Read/Download Order