In a recent ruling, the Supreme Court of India delivered a resolute dismissal to a contempt of court plea brought by an advocate-on-record (AoR) against the Secretary-General and Registrar (Judicial Administration) of the apex court. The plea had been lodged on grounds of non-listing of a specific case, Manoj vs. State of Uttar Pradesh.
Justices B R Gavai and Prashant Kumar Mishra, who presided over the case, did not mince their words in expressing their disapproval of the lawyer's actions, denouncing them as a "browbeating tactic." The Court drew attention to the audacity of filing a contempt plea against judicial officials and questioned whether this could extend to judges as well if cases were not listed according to the petitioner's expectations.
"This is nothing but a browbeating tactic. Will a contempt also lie against the judges now if cases are not listed," the Court inquired before proceeding to reject the plea, which had been submitted by AoR Devrat.
The Supreme Court further emphasized the inappropriate nature of the contempt petition, categorizing it as an "abuse of the process of law." The bench acknowledged that difficulties might arise that prevent the listing of matters, even when the court has directed their listing on a specific date. In response, the Court condemned the practice of using contempt proceedings as a means to pressure the court's registry.
The bench of Justices Gavai and Mishra chose not to impose a fine on the lawyer, given that Adish Aggarwala, the president of the Supreme Court Bar Association (SCBA), extended an unconditional apology on behalf of the advocate. During the proceedings, the bench reprimanded the lawyer, suggesting that the appropriate course of action would have been to file a complaint on the administrative side of the Supreme Court rather than resorting to a contempt petition.
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