The Supreme Court has raised concern over the increasing use of incorrect or non-existent judicial citations, warning that the practice has emerged as a serious threat to the integrity of court proceedings in India and beyond.
The observation came during the hearing of a special leave petition filed by Heart and Soul Entertainment Ltd., where a Bench comprising Rajesh Bindal and Vijay Bishnoi addressed concerns linked to the citation of a judgment that was alleged to be non-existent in earlier proceedings before the Bombay High Court.
During the hearing on March 26, the apex court described the issue as a “rampant menace” affecting courts not only within the country but across jurisdictions globally. The Bench stressed that all stakeholders in the legal system must exercise caution to ensure the authenticity of judicial references used in arguments and filings.
The case centred on objections raised by the petitioner against remarks made by the Bombay High Court regarding the alleged citation of a non-existent ruling. The director of the petitioner company, who appeared before the court via video conferencing, argued that such a citation had not been made by him and sought relief limited to the expunction of those remarks.
While the Bench refrained from examining the factual dispute over whether the citation had been made, it acknowledged the broader implications of the issue. Granting limited relief, the court ordered that the remarks in question be removed, stating that the decision was being made as a matter of indulgence.
At the same time, the court reiterated that the larger problem of fabricated or incorrect citations remains under active judicial consideration. It emphasised that the growing prevalence of such practices poses a direct challenge to the reliability of legal proceedings and requires systemic attention.
The warning assumes added significance in light of a recent instance flagged by the Supreme Court involving the use of artificial intelligence tools to generate non-existent case laws. In that matter, a Bench of P.S. Narasimha and Alok Aradhe had taken serious note of a trial court’s reliance on what were described as fabricated judgments in the course of adjudicating a civil dispute.
The court had then observed that reliance on such non-existent or false precedents raises “considerable institutional concern” and may amount to misconduct, carrying potential legal consequences. It underlined that the integrity of the adjudicatory process depends on the accuracy and credibility of legal references cited before courts.
Legal experts view the latest observations as part of a broader judicial effort to address emerging risks associated with technological misuse and procedural lapses. The increasing reliance on digital tools and databases, while improving access to information, has also introduced vulnerabilities related to verification and authenticity.
By flagging the issue at the highest level, the Supreme Court has indicated that stricter scrutiny and accountability may follow in cases where misleading or fabricated citations are used. The development signals a heightened focus on preserving the credibility of judicial processes amid evolving challenges in legal practice.
