NDLI: Rakesh Tiwari, Advocate Vs. Alok Pandey, C.j.m.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Contempt of Courts Act 1971 attempted to assault Misbehaved with CJM Professional Ethics
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Contempt of Courts Act, 1971 (70 of 1971)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Contempt of Courts Act, 1971 – High Court found that the appellant-advocate along with 2-3 junior advocates entered the chamber of the CJM and misbehaved as well as attempted to assault him – Appellant was convicted for his undesirable conduct by the High Court under the Contempt of Courts Act – Appellant was sentenced to simple imprisonment of six months and a fine of Rs.2000/- and in case of non-payment of fine, to undergo simple imprisonment for a further period of 15 days – Appellant was further directed not to enter the premises of the District Judgeship for six months and to remain under a constant watch of the District Judge for a period of two years – On appeal, held: Advocate in question acted contrary to the obligations – He has set a bad example before others while destroying the dignity of the Court and the Judge – Considering the nature of misconduct, while upholding the conviction for criminal contempt, the sentence of the appellant modified: (i) the sentence of imprisonment of 6 months suspended for a further period of 3 years subject to his maintaining good and proper conduct with a condition that appellant not to enter the premises of the District Judgeship for further period of 3 years in addition to what already undergone – In case of non-violation of aforesaid condition the sentence after 3 years to be remitted (ii) However, sentence of imprisonment to be activated, in case of breach of any condition by the concerned advocate during the period of three years – (iii) Appellant to deposit Rs.2000 as imposed by the High Court and in case of failure to deposit the said amount, appellant directed not to enter the premises of District Judgeship for a period of three months. Professional Ethics – Advocates – Held: 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.
Judge	Hon'ble Mr. Justice Arun Mishra
Neutral Citation	2019 INSC 679
Petitioner	Rakesh Tiwari, Advocate
Respondent	Alok Pandey, C.j.m.
SCR	[2019] 7 S.C.R. 893
Judgement Date	2019-05-10
Case Number	1223

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Rakesh Tiwari, Advocate Vs. Alok Pandey, C.j.m.

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