May 10, 2019:
Supreme Court has upheld the order of conviction of advocate for contempt but shown him some leniency by suspending the sentence for a period of 3 years in which the advocate has to follow conditions and if he defies, the imprisonment may be activated.
A bench of Justice Mishra and Justice Sinha has passed the order in the case titled as RAKESH TIWARI, ADVOCATE vs ALOK PANDEY, C.J.M. on 10.05.2019.
Sri Rakesh Tripathi, Advocate, on 21st December, 2012 during lunch hour without taking permission from C.J.M., Allahabad entered into his chamber along with 2-3 colleagues and at the said point of time he started hurling filthy abuses to the CJM and the matter did not end there, as he also raised his hand to beat the Chief Judicial Magistrate and also threatened him of dire consequences. The contemnor also asked the C.J.M. as to why he has not passed an order for lodging F.I.R. when he had asked for the same. This act on the part of the contemnor constitutes criminal contempt within the meaning of Section 2(c) of Contempt of Courts Act, 1971, as this act has not only lowered the authority of the Court but also scandalised the Court and the same has also the tendency of interference with the due course of administration of justice.
The High Court found the contemnor along with 2-3 junior advocates entered the chamber of the CJM and misbehaved as well as attempted to assault him. The High Court has observed that considering the increasing tendency of the advocates in making scurrilous allegations against the Presiding Officers of subordinate courts has to be curbed. The acts of abusing and misbehaving are on increase. The action of the advocate amounts to lowering the dignity and majesty of the court. A deliberate attempt to scandalise a judicial officer of subordinate court is bound to shake the confidence of the litigant public in the system and has to be tackled strictly. High Court convicted the advocate for the contempt and sentenced him.
When the matter reached the Supreme Court, it observed "The role of a lawyer is indispensable in the justice delivery system. He has to follow the professional ethics and also to maintain high standards. He has to assist the court and also defend the interest of his client. He has to give due regard to his opponent and also to his counsel. What may be proper to others in the society, may be improper for him to do as he belongs to an intellectual class of the society and as a member of the noble profession, the expectations from him are accordingly higher. Advocates are held in high esteem in the society. The dignity of court is in fact dignity of the system of which an advocate being officer of the court. The act of the advocate in the present case is not only improper but requires gross condemnation".
Supreme Court upheld the conviction of advocate for contempt but modified the sentence as under:
"1. The sentence of imprisonment of 6 months shall remain suspended for further period of 3 years subject to his maintaining good and proper conduct with a condition that he shall not enter the premises of the District Judgeship, Allahabad for a further period of three years in addition to what he has undergone already. The period shall commence from 1.7.2019 to 30.6.2022. In case of non violation of aforesaid condition the sentence after three years shall be remitted.
2. However, sentence of imprisonment may be activated by this Court in case it is found that there is breach of any condition made by the concerned advocate during the period of three years.
3. He shall deposit fine of Rs.2000 as imposed by the High Court. In case of failure to deposit fine he shall not enter the premises of District Judgeship for a period of three months".
Read the judgment here:
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