The Supreme Court witnessed its first instance of a litigant taking the help of AI tools to draft a response that contained hundreds of fake cases.
According to Times of India, the top court took cognisance of the matter and said it would hear the case on merit.
Appearing before a bench of Justices Dipankar Datta and A G Masih, senior advocate Neeraj Kishan Kaul said a rejoinder filed in the court cited many cases which are all fake and not part of any judicial record. He alleged that some of these cases were correctly mentioned but the questions of law, which were decided in these cases, were misreported.
Senior advocate C A Sundaram, appearing for Gstaad Hotels Bengaluru promoter Deepak Raheja, admitted it was a mistake, saying, "I have never been more embarrassed. Not about AI, but fabrication of case laws.”
The TOI report stated that senior advocate Sundaram read out an affidavit filed by the filing advocate in the case.
Senior advocate Neeraj Kishan Kaul, appearing for Omkara Asset Reconstruction, said the rejoinder submitted by Gstaad Hotels Bengaluru promoter Deepak Raheja was prepared using AI tools and fabricated cases were cited to convince the court in his favour.
The TOI report stated that Kaul submitted that the erring party was not entitled to be heard after the grave mistake. "Fake case laws were invented using AI tools and questions of laws, which were decided by the court, were fabricated by using AI. It is not about AI, but fabrication of case laws and concoction of points of law," he said.
According to him, if the court relies on the AI-generated falsehood, then it would be "disastrous" for the judicial system.
The case revolves around a high-profile case between Omkara Assets Reconstruction Private Limited and Gstaad Hotels Private Limited. The case went to SC following the hearing in the National Company Law Appellate Tribunal (NCLAT).
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