Supreme Court Orders Personal Appearance Of Petitioner And Affidavit With Travel Tickets By AoR Despite Intervention By SCBA & SCAORA

The Supreme Court has directed petitioner N. Eswaranathan and his Advocates P. Soma Sundaram (AoR) and S. Muthukrishnan to submit affidavits explaining the circumstances under which a second Special Leave Petition (SLP) was filed based on distorted facts and incorrect statements after the dismissal of the first SLP.

The Bench of Justice Bela M. Trivedi and Justice Satish Chandra Sharma, pursuant to its order dated March 28, 2025, took cognizance of the misleading statements made in the SLP and called upon the concerned parties to justify their actions.

The Court noted, "Pursuant to the Order passed by this Court on 28.03.2025, learned AOR, Mr. P. Soma Sundaram and learned counsel, Mr. S. Muthukrishnan, are present in the Court along with the travel tickets (as they say) and tender an unconditional apology before this Court with regard to the incorrect statements made in the SLP."

SCBA and SCAORA Intervene

During the hearing, representatives from the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA), along with senior advocates, were present in court. They requested the Bench to withhold the dictated order, urging the Court to provide the concerned advocates an opportunity to explain the circumstances under which the second SLP was filed with misleading facts.

Court Directs Filing of Affidavits

Taking note of the request, the Court directed:

1. Petitioner N. Eswaranathan and his Advocates, P. Soma Sundaram and S. Muthukrishnan, to submit affidavits by April 8, 2025, explaining why the second SLP was filed with incorrect statements and why an exemption from surrender was sought despite a specific court direction in the earlier SLP mandating surrender within two weeks.

2. The learned AOR P. Soma Sundaram has been asked to produce travel tickets along with his affidavit.

3. The Registry was directed to send a copy of the order to the petitioner for compliance, and the concerned advocates were instructed to inform the petitioner.

"With due reference to the said request made at this juncture, we simply call upon the petitioner-N. ESWARANATHAN and his advocates, Mr. P. Soma Sundaram and learned counsel, Mr. S. Muthukrishnan, to explain as to under what circumstances, the second SLP that is the present one was filed on the distorted facts and incorrect statements, after the dismissal of the first SLP, and why the application seeking exemption from surrendering was filed in this SLP though, in the earlier SLP, it was specifically directed by this Court that the petitioner shall surrender within two weeks," the Court stated.

Petitioner Ordered to Appear Personally

Additionally, the Bench has ordered the personal presence of the petitioner, N. Eswaranathan, on April 9, 2025, at 10:30 a.m., when the matter will be heard before the same Bench.

The case is now set for the next hearing on April 9, 2025, where the Court will examine the explanations provided by the petitioner and his advocates regarding the alleged misrepresentation of facts in the second SLP.

"Let the affidavits be filed within one week from today, i.e., before 08.04.2025, in the Office. The learned AOR, Mr. P. Soma Sundaram, may produce the travel tickets along with his affidavit. Registry is directed to send a copy of this Order to the petitioner to enable him to file his affidavit with detailed explanation as stated hereinabove. The concerned advocates are also directed to inform the petitioner about this order. The petitioner is also directed to remain personally present before this Court on 09.04.2025 at 10:30 a.m," the Court ordered.

Last Hearing

Pertinently, on March 28, the Supreme Court had directed Advocate on Record (AOR) P. Soma Sundaram to be physically present before the Court on April 1, 2025, at 10:30 a.m. with tickets of his travel, after noticing "incorrect statements" in the petition synopsis and his absence in the Court.

"Advocate on Record, Mr. P. Soma Sundaram, shall remain physically present before this Court on 01.04.2025 at 10:30 a.m. along with all the tickets of his travel to Tamil Nadu and back, as it is stated at the Bar that he is at present in the remote village of Tamil Nadu and therefore, not in a position to enter his appearance. List the matter on 01.04.2025 at 10:30 a.m. before this combination of Bench," the Court had ordered.