Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act |
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 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Contempt of Courts Act, 1971:ss. 2(c) and 12(1) proviso, Explanation - Criminal C contempt of Court - Advocates abusing the Judicial Magistrate in filthy language and threatening him with dire consequences - Matter referred to High Court - Newspaper publishing the incident - Suo motu contempt proceedings initiated by High Court against the advocates and the owner, publisher and Editor of newspaper - Unconditional apology tendered by contemnors before High Court - On High Court's directions contemnors appearing before Judicial Magistrate concerned and tendering unconditional apology - Conviction by High Court of all the contemnors and sentence of six months/three months with fine - HELD: The material on record shows that the advocates hurled abuses in filthy language and threatened' the Judicial Magistrate with dire consequences - The contemnors have tendered unconditional apology before the Judicial Magistrate, the High Court and this Court as well - They have given undertaking that they would maintain good behaviour in future - In this view of the matter, the unconditional apology tendered in the form of affidavits in terms of s. 12(1) is accepted and all contemnors are discharged - However, acceptance of an apology from a contemnor should only be a matter of exception and not that of a rule - Bar Council of India Rules,1975 - Advocates - Professional ethics.Bar Council of India Rules, 1975:Section I, Chapter II, Part IV - Standards of Professional Conduct and Etiquette - Advocates - Duty to the court - Advocates hurling abuses in filthy language and threatening Judicial Magistrate with dire consequences - HELD: Advocacy touches and asserts the primary value of freedom of expression - But the advocates and the party appearing in person equally owe countervailing duty to maintain dignity, decorum and order in court proceedings - Liberty of free expression is not to be confounded or confused with license to make unfounded a/legations against any institution much less the judiciary- A deliberate attempt to scandalize the court which would shake the confidence of the litigating public in the system, would cause a very serious damage to the name of the judiciary -Advocates - Professional ethics -Advocates' Role and Ethical Standards.Administration of Justice:Professional conduct - Integrity and sanctity of an institution which bestowed upon itself the responsibility of dispensing justice has to be maintained - All the functionaries, be it advocates, judges and rest of the staff ought to act in accordance with morals and ethics. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 367 |
Petitioner | O.p. Sharma & Ors. |
Respondent | High Court Of Punjab & Haryana |
SCR | [2011] 6 S.C.R. 301 |
Judgement Date | 2011-05-09 |
Case Number | 1108 |
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