MUIJ UDDIN MAHMUD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Whether a statement, made in or outside the Court by, or on behalf of 'X'. that 'X' has been discriminated against 'Y', while appointing 'Y' to a particular post in public employment, in preference to 'X', on the ground that 'Y' belongs to a particular religion, can be regarded as a communal statement This is the moot question, which this misc. application has raised.

(2.) Connected with the above question is the question as to whether a Court shall make 'disparaging remarks' against a Counsel, if the Counsel had made the statement, as indicated above, on the basis of written instructions received from his client, particularly, when the instructions are supported by affidavit of the client Yet another question, which has arisen for determination in this application, is : Whether it is open to a Court to make 'disparaging remarks' against a Counsel even if the Counsel has withdrawn the submission or statement made by him

(3.) Before I come to the factual background, wherein the above questions have arisen for determination, imperative it is to point out, at the very outset, that this Court, while dealing with the present misc. application, is not sitting as a Court of appeal: rather, this Court has to treat the order, which has been the subject of the present misc. application, seeking expunction of the remarks made, in an order, against the Counsel, as if the order was passed by this Court.