Recently, the Supreme Court emphasised the sanctity of judicial records maintained by High Courts, observing that what is recorded in their proceedings is deemed correct and cannot be later disputed by counsel or parties. The observation came during the hearing of a Special Leave Petition arising out of a 2025 order of the Allahabad High Court.
The case stemmed from a challenge to the Allahabad High Court’s order dated September 15, 2025, wherein the High Court, acting upon a concession allegedly made by the petitioner’s counsel, had set aside an order of the First Appellate Court and granted a temporary injunction. Aggrieved by this, the Petitioner approached the Supreme Court, asserting that her counsel’s statement before the High Court was wholly unauthorised and made contrary to her instructions.
The Petitioner argued that the concession recorded by the High Court could not bind her since it was never authorised. It was contended that such a statement, made without proper consent, resulted in a miscarriage of justice. The Respondent, however, maintained that the High Court had rightly relied upon the counsel’s statement, which formed part of the official judicial record, and that no subsequent challenge to it could be entertained.
The Supreme Court, referring to its earlier pronouncement in State of Maharashtra v. Ramdas Shrinivas Nayak & Anr.,, reiterated that High Courts are Courts of Record under the Constitution, and whatever is recorded in their proceedings is presumed to be accurate. The Bench comprising Justice Manmohan and Justice N.V. Anjaria observed, “This Court has repeatedly held that the High Courts in India are the Courts of record and what is recorded in the Courts are correct and cannot be contradicted by the counsel for the parties.”
While rejecting the petitioner’s plea to question the High Court’s record, the Supreme Court disposed of the Special Leave Petition, granting liberty to the petitioner to approach the High Court with an appropriate application for relief.
Case Title: Savita v. Satyabhan Dixit
Case No.: SLP (Crl.) No(s). 31322 of 2025
Coram: Hon’ble Mr Justice Manmohan and Hon’ble Mr Justice N.V. Anjaria
Counsel for the Appellant: Adv Akash Gupta
Counsel for the Respondent: AOR Samrat Krishnarao Shinde
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