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Case laws of Contempt of Court by Advocates

 


 Derogatory remarks-

M.B. Sanghi, Advocate V. High Court of Punjab and Haryana and Others

The appellant who is a practicing advocate accused and attacked the integrity of the Sub-Judge by saying that he was acting as a contractor of the Municipal Committee and was under the influence of DY. Commissioner during the adjudication. The Sub-Judge reported the matter to the District and Sessions Judge and the District and Sessions Judge submitted a report to the concerned High Court. The High Court in the proceedings found that the behavior qualifies as contempt of court under Section 29(c)(i) of the Contempt of Court Act. The appellate had also done similar kinds of acts in the past. The Court rejected his unconditional apology and sentenced him to two months of imprisonment.

 Criminal Contempt

M.Y. Shareef and Another V. The Hon’ble Judges of the High Court of Nagpur and Others

In this case, the applicant and two of his advocates filed an application for transfer of the case from the Bench to another Bench stating that the Judges were biased and prejudiced and would defeat Justice. The High Court took it seriously and issued notice to the applicant and his advocates to show cause why they should not be committed for contempt of Court for their Scandalizing remarks against the Court. The High Court after hearing passed the order sentencing them to a fine and in default to undergo simple imprisonment for two weeks. They appealed the order of the High Court in the Supreme Court and tendered an unqualified apology to the High Court which was accepted. The Supreme Court issued a strong warning for such conduct.

Charan Lal Sahu v. Union of India and Another

A Public interest litigation was filed by the advocate and it was stated in the petition that “Thus the working of the Judges are cocktail based on western common Laws and American Techniques, as such unproductive and outdated according to socio-economic conditions of the country.” “This Court has become a constitutional liability without having control over the illegal acts of the government… Thus, the people for whom the Constitution is meant to have now turned down their forces against it which is a disillusionment for fear that justice is a will-o-the wisp”. “This Court is sleeping over the issues like Kumbhakarna”.

The Court held that the allegations made are likely to lower the prestige of the Supreme Court. The Court was of the view that it was a deliberate attempt to lower the prestige of the Court. The Court rejected the petition and issued the process of contempt.


Gobind Ram V. State of Maharashtra

A suit was filed against the appellant who by profession is an advocate, he filed an application before the Judicial Magistrate stating that he wants to transfer the case to some other court because the Magistrate has a friendly relation with the complainant and the Magistrate enjoys the hospitality of the respondent. The Magistrate dismissed the application and submitted a report saying that the remarks lowers the prestige of the Court. The appellant refused to tender an unconditional apology. The Supreme Court found that the allegations made does not amount to contempt of Court and the order passed by the High Court was set aside. 




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