'Wholly Unwarranted' : Supreme Court Expunges P&H High Court's Adverse Comments Against Haryana Addl Advocate General

A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma observed that the High Court's observations against the AAG were "were wholly unwarranted".

The bench observed that the High Court should have disposed of the bail application as infructuous when the petitioner died. The bench took a critical view of the High Court passing a lengthy order, despite the demise of the petitioner.

"In the circumstances, the High Court could have simply disposed of the matter by recording the said fact. However, the High Court has proceeded to pass a lengthy order of about 26 paragraphs and in the said order apart from recording the fact that the petitioner in the said matter was since deceased nevertheless proceeded to make certain observations as against the State, who was represented by learned Additional Advocate General. We find that the said observations which are bordering on strictures were wholly unwarranted having regard to the facts and circumstances of the case," the Court observed.

The High Court made its observations against Additional Advocate General of Haryana, Deepak Sabharwal, in a regular bail application, saying that certain incorrect and misleading submissions were made.

Challenging the High Court's observations, the State of Haryana filed the Special Leave Petition. The legal representatives of the deceased bail applicant opposed the State's petition, contending that because of the misleading submissions, relief was denied at the appropriate time and the applicant died due to medical reasons.

The Supreme Court however noted that the applicant was given medical treatment at PGIMER, Chandigarh. The Court set aside the High Court's order and expunged the adverse observations made against the AAG. Earlier, in Febraury, the Court had stayed the High Court's comments.

Case Details: STATE OF HARYANA v. SUBHASH CHANDER DUTT (DEAD) THROUGH LRINDRA DUTT|SLP(Crl) No. 2182/2025