Citation : 2024 Latest Caselaw 8075 AP
Judgement Date : 5 September, 2024
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE: C.R.P.Nos.242 & 361 of 2024
PROCEEDING SHEET
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No. DATE ORDER
NOTE
06. 5.9.2024R RNT,J
Review Petition in I.A.No.3 of 2024
Sri Dr.K.A.Paul @ Kilavi Anand Paul,
Review Petitioner has appeared party-in-person.
2. On 28.08.2024, the Committee of
Registrars granted permission to prosecute this
case, appearing 'party-in-person'.
3. In the CRPs, the Review petitioner
was respondent. The CRPs were allowed on
18.06.2024.
4. On hearing the Review petitioner,
this Court finds that he is not to be permitted to
appear in person, considering the way of
submitting. Further, he stated, to quote "the
Judge has gone so mad in passing the order",
and when objected, he further stated that
"I have been misunderstood. The said statement
is for the 'District Judge'."
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No. DATE ORDER
NOTE
5. The judgment under review is not
by the District Judge.
6. Learned District Judge(s) and any
other Judicial Officer(s) are part of judicial
system and play pivotal role in administration of
justice. Use of such language by party-in-
person, is highly condemnable.
7. In Ajay Kumar Pandey,
Advocate, in Re1: the Hon'ble Apex Court,
observed and held at Paragraph Nos.24 & 25 as
under :
"24. Thus, it is now settled that abuses, attribution of motives vituperative terrorism and scurrilous and indecent attacks on the impartiality of the Judges in the pleadings, applications or other documents filed in the Court or otherwise published which have the tendency to scandalize and undermine the dignity of the Court and the majesty of law amounts to criminal contempt of Court.
25. While a litigant as also his lawyer have the freedom of expression and liberty to project their case forcefully, it must be remembered that they must while exercising that liberty maintain
(1998) 7 SCC 248
SL. OFFICE No. DATE ORDER NOTE dignity, decorum and order in the Court proceeding. Liberty of free expression cannot be permitted to be treated as a licence to make reckless imputations against the impartiality of the Judges deciding the case. Even criticism of the judgment has to be in a dignified and temperate language and without any malice".
8. In Roshan Lal Ahuja, in Re2: the
Hon'ble Apex Court, observed and held at
Paragraph No.11 as under :
"11. The tendency of maligning the reputation of judicial officers by disgruntled elements who fail to secure an order which they desire is on the increase and it is high time that serious note is taken of the same. No latitude can be given to a litigant to browbeat the Court. Merely because a party chooses to appear in person, it does not give him a license to indulge in making such aspersions as have the tendency to scandalize the court in relation to judicial matters."
9. The permission granted by the
Committee of Registrars to the Review
Petitioner to appear party-in-person is set aside.
1993 Supp (4) SCC 446
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No. DATE ORDER
NOTE
10. Let the Review Petitioner appear
through counsel.
11. The Review Petitioner may also
approach the Andhra Pradesh High Court Legal
Services Committee for providing counsel, if so
required.
12. Post on 10.09.2024 as requested.
13. Let a copy of this order be placed
before the Registrar (Judicial).
______
RNT,J
RPD
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No. DATE ORDER
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