The
Supreme Court has taken a stern view of a trial court order that relied on
judgments later found to be fictitious and possibly generated through
artificial intelligence (AI) tools, observing that such conduct strikes at the
heart of judicial integrity and cannot be treated as a mere error of reasoning.
A Bench of Justices P S Narasimha and Alok Aradhe was hearing a special leave
petition (SLP) arising from a civil revision decided by the Andhra Pradesh High
Court.
“We
take cognizance of the trial court deploying AI-generated non-existing, fake or
synthetic alleged judgments, and seek to examine its consequences and
accountability as it has a direct bearing on the integrity of the adjudicatory
process," the Bench said.
The
apex court further underscored that reliance on fabricated cases goes beyond an
inadvertent mistake.
“At
the outset, we must declare that a decision based on such non-existent and fake
alleged judgments is not an error in the decision-making. It would be
misconduct, and legal consequences shall follow," the Bench remarked.
The
dispute arises from a suit for injunction filed by the respondents. During the
pendency of the suit, the trial court appointed an advocate commissioner to
record the physical features of the property in question. The defendants
objected to the commissioner’s report. However, by an order dated August 19,
2025, the trial court rejected their objections.
While
dismissing the challenge, the trial court relied on four purported Supreme
Court decisions, including Subramani v. M Natarajan (2013) 14 SCC 95;
Chidambaram Pillai v. SAL Ramasamy (1971) 2 SCC 68; Lakshmi Devi v. K Prabha
(2006) 5 SCC 551, and Gajanan v. Ramdas (2015) 6 SCC 223.
The
defendants contended before the High Court that these cited cases were
“non-existent and fake orders". The High Court examined the contention and
found that the judgments referred to in the trial court’s order were not
traceable and appeared to be AI-generated.
While
placing on record a word of caution about the unverified use of AI-generated
material in judicial orders, the High Court nonetheless proceeded to decide the
civil revision on merits and affirmed the trial court’s ruling. Challenging
this, the defendants approached the top court.
The
Bench observed that the matter raised “considerable institutional concern”,
clarifying that the anxiety of the court was not about the substantive
correctness of the outcome but about “the process of adjudication and
determination". The apex court indicated that it would undertake a
detailed examination of the consequences and accountability arising from a
judicial order founded on fabricated precedents.
In
view of the broader ramifications, the Bench issued notice to the Attorney
General for India, the Solicitor General of India, and the Bar Council of
India. Senior advocate Shyam Divan has been appointed as amicus curiae to
assist the court, with liberty to nominate an advocate-on-record for further
assistance. Recently, the Supreme Court had expressed concerns over lawyers
citing AI-generated fake cases in pleadings.