Allahabad High Court: Judge Names in Affidavits Are Unnecessary
Court Warns Against Mentioning Judges in Pleadings
Legal Drafting Must Stick to Case Titles and Citations
By Our Legal Correspondent
New Delhi: March 09, 2026:
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In a recent ruling, the Allahabad High Court made an important observation on legal drafting practices. The court held that mentioning the names of judges while citing judgments in affidavits or pleadings is improper and unnecessary. The order came during the hearing of a bail application in a GST evasion case involving a Chinese national linked to Tentech LED Display Pvt. Ltd. The court’s remarks are expected to influence how lawyers and government officers draft affidavits in future cases.
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Case Background
- Matter: Bail application of Alice Lee @ Li Tengli, a Chinese national accused in a GST evasion case under the CGST Act, 2017.
- Observation: The affidavit filed by a CGST officer cited judgments by mentioning the names of judges who delivered them.
- Court’s Response: Justice Samit Gopal observed that this practice is “totally uncalled for” and directed officers to avoid it in future.
- Compliance Order: The Registrar (Compliance) was asked to circulate the order to relevant courts and authorities for awareness.
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Court’s Key Observations
- Judicial precedents must be cited by case title and citation only.
- Mentioning judge names in affidavits is unnecessary and may be seen as an attempt to influence or personalize legal arguments.
- Officers and lawyers must exercise caution in drafting pleadings to maintain neutrality and professionalism.
Legal Context
- Standard Practice: In Indian courts, judgments are cited by case name (e.g., Kesavananda Bharati v. State of Kerala) and citation (e.g., AIR 1973 SC 1461).
- Improper Practice: Mentioning judge names risks undermining the institutional nature of judgments.
- Judicial Neutrality: Courts emphasize that rulings are institutional decisions, not personal opinions of individual judges.
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Why This Matters
- Professional Drafting Standards: Reinforces proper legal citation methods.
- Judicial Integrity: Prevents personalization of judgments.
- Guidance for Officers: Ensures government affidavits follow correct legal conventions.
- Precedent Value: May influence drafting practices across High Courts and tribunals.
Wider Implications
- For Lawyers: Must avoid mentioning judge names in pleadings.
- For Government Officers: Training and compliance needed to ensure proper affidavit drafting.
- For Judiciary: Strengthens the principle of institutional authority of judgments.
Conclusion
The Allahabad High Court’s ruling is a reminder of the importance of precision and neutrality in legal drafting. By directing officers to avoid mentioning judge names, the court has reinforced the principle that judgments belong to the institution, not individuals. This decision will likely shape drafting practices in tax and criminal cases, ensuring greater professionalism in court pleadings.
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