Concession by counsel regarding procedural lapses in administrative disposal
Fairness on the part of senior counsel appearing for state authorities during contempt proceedings plays a pivotal role in enabling courts to craft just and equitable remedial solutions. When state counsel candidly concedes that mandatory procedural directions—such as granting an opportunity of hearing or summoning foundational school records—were inadvertently omitted, the path for judicial intervention becomes clear. Such appropriate concessions prevent protracted arguments over technicalities and allow the court to focus directly on rectifying the administrative lapse. Acknowledging procedural shortcomings demonstrates institutional accountability and helps maintain the credibility of the state machinery before the highest court of the land. Rather than defending indefensible procedural defaults, counsel's fair stance facilitates the remanding of the matter with precise guidelines to ensure a fair rehearing. The court takes note of such concessions and factors them into the final directions, ensuring that future proceedings are conducted impeccably. This cooperative approach between the bar and the bench streamlines dispute resolution and prevents further avoidable friction between litigating parties. (Gurupada Bera & Ors. v. Binod Kumar & Ors. | 2026 INSC 20)