Bombay High Court
District Judge-7 And Addl. ... vs Mahesh Shrinivas Kabra on 18 January, 2021
Bench: R.V. Ghuge, B. U. Debadwar
This Order is modified/corrected by Speaking to Minutes Order dated 27/01/2021
1 CrCP.1.20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
4 CRIMINAL CONTEMPT PETITION NO.1 OF 2020
DISTRICT JUDGE-7 AND ADDL. SESSIONS JUDGE,
AHMEDNAGAR .. Petitioner
VERSUS
THE STATE OF MAHARASHTRA & ANOTHER .. Respondents
...
Advocate for Petitioner : Smt. Sangita Dhumal-Tambat (appointed)
APP for Respondent No.1 : Mr S.G. Sangle
Mr M.S. Kabra appears in-person as Respondent No.2
...
CORAM : RAVINDRA V. GHUGE
AND
B. U. DEBADWAR, JJ.
Date : 18-01-2021
PER COURT :-
1. Respondent no.2 - Shri Mahesh Shrinivas Kabra, an
advocate by profession, has appeared in-person before us as
respondent no.2. He has tendered an affidavit before us, which runs
into 27 pages. In paragraph nos.1 and 13, he has pleaded as under :
"1.Apology - An Appeal for Kindness & Mercy
That Respondent - Litigant deply regrets and most humbly
tenders his unconditional and unqualified apology to this
Hon'ble Court.
That Respondent most respectfully submits that with greatest
humility that Respondent have always had the deepest and
highest regard for this Hon'ble Court and have always ensured
the compliance of all the orders of the Hon'ble Court in their
letter and spirit as Respondent is Life time member of
Ahmednagar Bar Association and further regularly attending
Court at Ahmednagar since 1993 and has NOT made grievances
against Hon'ble Judges since 1993 - in last 28 years of legal
Gajanan Punde, PA.
This Order is modified/corrected by Speaking to Minutes Order dated 27/01/2021
2 CrCP.1.20
practice - the noble profession.
That Respondent is Life member of Bar and practicing since 28
years at Ahmednagar District Court and feels pride being officer
of the Court who has performed his duties & responsibilities
with the deepest and highest regard for the Judicial Mechanism
- Hon'ble Courts.
Further Respondent has NOT done any act to lower down the
dignity of the Hon'ble Courts or harm the Judicial Mechanism in
any manner while doing legal practice since last 28 years.
Further Respondent - Litigant's complaint u/s. 6 of the Act to
Higher Authority is FIRST AND LAST Complaint in last 28 years
of Legal Practice.
Further Respondent hereby undertakes an OATH regarding NOT
TO WRITE / FILE any Complaint to Higher Authority for any
matter. That Respondent supports the judiciary & has full
FAITH and feel himself as a nano part of the Judicial Machinery
- Mechanism.
Further Respondent - Litigant, hereby again, deeply regrets and
most humbly tenders his unconditinal & unqualified apology to
this Hon'ble Court.
That Respondent - Litigant's Complaint u/s. 6 of the Act was to
Higher Authority against Hon'ble Subordinate Judge is misread
& misunderstood as statements are made in good faith with
sincere efforts to bring some issues, findings and assertions of
Hon'ble Subordinate Judge beore Higher Authority.
That Respondent holds this Hon'ble Court and its Sub-ordinate
Courts in great respect and esteem and bow down for kindness
& mercy before this Hon'ble Court to graciously be pleased to
accept the humble apology and exonerate the Respondent from
the purview of the present contempt proceedings.
13. Kindness & Mercy - For Petitioner Judge &
Respondent - Litigant
That Respondent most respectfully submits that Respondent -
Litigant hereby submits for kindness & mercy of the Hon'ble
Court as mercy is the only remedy in Contempt Proceedings.
Further Respondent hereby also prays for mercy to the Hon'ble
Subordinate Judge - Petitioner herein as Respondent - Litigant
hereby clarifies that Respondent does NOT insists nor prays for
any action & enquiry against the Hon'ble Subordinate judge
who is retiring in near future and does not wants to obstruct his
retirement benefits with Life Time Pensions and other benefits
etc."
Gajanan Punde, PA.
This Order is modified/corrected by Speaking to Minutes Order dated 27/01/2021
3 CrCP.1.20
2. In the open Court and in the presence of the learned
amicus curie as well as the learned Prosecutor, he has stated that he
would tender a written apology addressed to the learned Judge
Shri Ravindra Madhukarrao Kulkarni, the 7th District Judge and
Additional Sessions Judge, Ahmednagar stating therein that he is
withdrawing his complaint against the said learned Judge, he is
withdrawing his allegations and is apologetic for having used words,
'corrupt practices' in his purshis Exh.17 dated 15-07-2019 filed in
Criminal Revision No.82 of 2018. He further submits that,
henceforth he will never use inappropriate words against any Judge.
He will not behave in an intemperate manner and in the event he has
any grievance about the functioning of any Court, he would address
the appropriate Judicial Forum to ventilate his grievance and will not
submit any purshis / application before the same Judge or mention
before him that he is proceeding against the same Judge.
3. Notwithstanding the above, we find that respondent no.2
has used a most inappropriate language in Exh.17, which cannot be
countananced. It also appears that he had said before the same Court
that 'the Court is at liberty to write down its Judgment', in an
aggressive tone on 15-06-2019, though thereafter he was granted an
adjournment to 15-07-2019 and 06-08-2019, in a proceeding in
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This Order is modified/corrected by Speaking to Minutes Order dated 27/01/2021
4 CrCP.1.20
which he himself was a litigant in-person as respondent. We find the
said conduct of respondent no.2 to be deprecable and which would in
fact call for a strict action against him, but for the apology that he has
unconditionally tendered before us and desires to do the same before
the learned Judge in whose Court this episode has occurred.
4. The learned amicus curie as well as the learned
Prosecutor submit that this appears to be a solitary event in the
career of respondent no.2, ever since commencing his legal practice
in 1993. He has expressed remorse and regret for his conduct and
has undertaken never to repeat such an act or conduct. An
opportunity be granted for enabling his reformation.
5. In view of the above, we accept the unconditional
apology tendered by respondent no.2 - Mahesh Shrinivas Kabra, who
is an advocate by profession and the Contempt is purged with the
following directions:
(a) Respondent no.2 shall address a written unconditional apology
to the learned Judge, who is the petitioner before us, on or before
25-01-2021 by tendering the said apology in the open Court.
(b) The apology must contain the statement of withdrawal of the
Gajanan Punde, PA.
This Order is modified/corrected by Speaking to Minutes Order dated 27/01/2021
5 CrCP.1.20
allegations set out in Exh.17 in Criminal Revision No.82 of 2018.
(c) The said apology must also contain a statement that the
petitioner would not use such inappropriate language any time in
future and shall not threaten the Court by filing a purshis or
application indicating to the same Court that he intends to file a
complaint with the Higher Judiciary.
(d) Any further act on the part of respondent no.2 of browbeating
or attempting to terrorize or overbear the authority or majesty of law
in written or in oral form shall be viewed seriously and in such a
case, the issue as to whether his Sanad needs to be cancelled or not,
would also be considered by following the due process of law.
6. This petition is, therfore, disposed off.
7. The learned Registrar (Judicial) of this Court is called
upon to place a copy of this order before the learned Principal District
Judge, Ahmednagar as well as before Shri Ravindra Madhukarrao
Kulkarni, the learned 7th District Judge and Additional Sessions
Judge, Ahmednagar.
(B. U. DEBADWAR) (RAVINDRA V. GHUGE)
JUDGE JUDGE
Gajanan Punde, PA.
