Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Advocate apology by way of an affidavit Contempt of Court |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Contempt of Courts Act, 1971 (70 of 1971) |
Case(s) Referred | Referred Case 0 |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Contempt of Court – ‘MN’, an advocate committed contempt of court – By judgment dated 12.03.2019, as reported in [2019] 5 SCR 313, the Court issued notice to the said advocate as to the punishment to be imposed upon him for committing contempt in the face of the Court – Advocate in question tendered an apology by way of an affidavit – Held: Given the fact that ‘MN’ has now undertaken that he will never again attempt to browbeat any judge either of Supreme Court or of the Bombay High Court, he is sentenced to three years imprisonment, however, the same is suspended considering his undertaking – In addition ‘MN’ barred from practicing as an advocate before the Supreme Court of India for a period of one year – Contempt of Courts Act, 1971 – s.14(1) & (2). Contempt of Court – A Bench of the Supreme Court convicted one advocate ‘MN’ for committing contempt in the face of the Court by judgment dated 12.03.2019, as reported in [2019] 5 SCR 313 – Two complaints were filed against the said Bench of the Supreme Court – One complaint dated 20.03.2019 was filed by the ‘Indian Bar Association’ through one advocate ‘VK’ for passing the judgment dated 12.03.2019 – The other complaint dated 19.03.2019 was filed by one ‘RK’ , the National Secretary of Human Rights Security Council for another order in another matter against the same Bench – Both complaints sought prosecution of the Judges and withdrawl of judicial work from them – Bombay Bar Association and the Bombay Incorporated Law Society by letter dated 23.03.2019 alleged that both complaints were substantially similar showing prima facie that ‘VK’ and ‘RK’ were acting in tandem – It was alleged that advocates ‘N’ (National President of Indian Bar Association), ‘VK’ and their associates had history of making frivolous allegation against the Judges – Also both ‘MN’ and ‘N’ have appeared for each other in various matters including contempt matters in the High Court – So, both are in tandem with one another – It was further alleged that these complaints were made after the said Bench of the Supreme Court held ‘MN’ guilty of contempt of Court and the complaints are intended to browbeat the Court – Held: Given the two complaints filed, it was clear that scandalous allegations were made against the Bench of the Supreme Court – Therefore, notice of contempt issued to ‘VK’, ‘RK’, ‘N’ and ‘MN’ – Further, given the serious nature of the allegations levelled against the Bench – Matter referred to the Chief Justice of India to constitute appropriate Bench to hear and decide the Contempt case. |
Judge | N/A |
Neutral Citation | 2019 INSC 409 |
Petitioner | Motu Contempt Petition (crl.) No. 1 Of 2019 In Re: Mr. Mathews Nedumpara |
SCR | [2019] 8 S.C.R. 912 |
Judgement Date | 2019-03-27 |
Case Number | 1 |
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