Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts litigant |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Contempt of Courts Act, 1971 - s. 12 - Contempt of Court - Accused (a litigant) using loud threatening utterances and using unparliamentary language for Judicial Officer, while he was conducting court - Complaint.-Charge-sheet framed by High Court - Accused initially denying the charges, but later tendered unconditional apology - High Court did not accept the apology and convicted the accused u/s.12 and sentenced him to suffer simple imprisonment for one month and imposed fine of Rs.2,000/- with default clause - Appeal - Held: Judicial proceeding has its own solemnity and sanctity - It is obligation of everyone to behave with propriety when a judicial proceeding is conducted - The sanctity of Jaw, which is sustained through dignity of courts cannot be marred by errant behaviour of any counsel or litigant or judge himself - The apology was rightly rejected as the same was neither prompt nor genuine - A concept of mercy and compassion is ordinarily attracted keeping in view the infirmities of man's nature and the fragile conduct - Conviction and sentence upheld - However, the court expressed its displeasure on the issue that High Court took a lenient view in sentencing the accused.R.K. Garg, Advocate vs. State of Himachal Pradesh (1981) 3 SCC 166: 1981 (3) SCR 536; Mahabir Prasad Singh vs. Mis. Jacks Aviation Pvt. Ltd. AIR 1999 SC 287: 1998 (2) Suppl. SCR 675; Lt. Col. S.J. Chaudhary vs. State (Delhi Administration) AIR 1984 SC 618: 1984 (2) SCR 438; M.B. Sanghi vs. High Court of Punjab and Haryana (1991) 3 sec 600: 1991 (3) SCR 312; LO. Jaikwat vs. State of U.P. (1984) 3 SCC 405: 1984 (3) SCR 833 - relied on. In Re: Sanjiv Datta, Deputy Secretary, Ministry of Information 1{3nd Broadcasting, New Delhi, Kai/ash Vasdev, Advocate and Kitty Kumaramanglam (Smt.), Advocate 1995 (3) SCC 619: 1995 (3) SCR 450 - referred to. |
Judge | N/A |
Neutral Citation | 2013 INSC 363 |
Petitioner | Arun Kumar Yadav |
Respondent | State Of U.p. Thru Dist. Judge |
SCR | [2013] 6 S.C.R. 263 |
Judgement Date | 2013-05-29 |
Case Number | 1430 |
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