05/02/2026
" Will this incident now be cited as a precedent in future, allowing anyone to appear before the High Court or the Supreme Court inperson for submissions in a matter conducted by A.O.R and in presence of his/her Council ?????!!!!"
In the case concerning SIR, yesterday a so-called “historic submission” was made by Mamata Banerjee in broken English!! It was quite clear from her attire that she neither appeared before the Hon'ble Supreme Court as a lawyer nor made a submission in that capacity. When a lawyer appears before the Honourable Supreme Court, they must wear a coat, gown, and bands—this is what is known as advocates’ attire in court.
Someone may argue that Mamata Banerjee appeared as a litigant—it is fact . But it not be permited to make submission in presence of her Advocate( Designated senior advocate Mr.Dewan) and Advocate-on -record( Mr.Kunal Mimani)
The hearing of this Writ Petetion ( vide no Dairy No 5710/2026) took place before a larger bench of three judges, constituted under the leadership of the Honourable Chief Justice of the Supreme Court Mr. Surya Kanta.
Among the three judges, two—Justice Joymalya Bagchi and Justice Bipul M.Panchali. Mr.Bagchi had once practised with great distinction at the Honourable Calcutta High Court, later became judges of the same court and achieved considerable respect and recognition as highly prudent jurists. During his practising life, was extremely popular within the legal fraternity, especially among junior advocates.
But the fact that the petetioner made submissions in presence of her A.O.R and Council at all is truly astonishing!!! Will this incident now be cited as a precedent in future, allowing anyone to appear before the High Court or the Supreme Court make submissions in person in presence of his/her Adocates?????
Although the Honourable Chief Justice suggested her (Mamata Banerjee) to refrain from making submissions, the two judges on the bench remained strangely silent!!! Truly, Mamata Banerjee has created an unprecedented example before the entire nation. And this bench of three judges helped in creating that precedent!!
In films, one often sees bizarre courtroom scenes during trials that bear no resemblance to real court proceedings. What I saw in court yesterday made it feel as though actors were performing on the stage of a folk theatre!
Now tell me—if, in the state’s DA case, the litigents shall seek permission for submission inperson in presence of their respective Advocate before the apex court , would the Honourable Supreme Court grant it???!!!! Certainly not. I observed that Hon'ble High Court at Calcutta didnot allow earlier in several matters.
* N.B : In fact in there is no mention or reflection in the Hon’ble Supreme Court’s daily order in the matter that any submission made by Mamata Banerjee., even not her prepresence was recorded. It is recorded that two senior advocates named Mr. Shyam Dewan and Mr. Gopalshankaranarayana appeared and made submissions on her behalf. The reason why the order sheet does not record that Mamata Banerjee herself made submissions in her own case is easy to infer.
Tentatively case may be listed on 9/02/2026, we are waiting for that day.
★ ★Written by
G.C Mandal ,Advocate
High Court at Calcutta
From Tollygunj
Ph 9830856567
