Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act 1971- 12-.Criminalcontempt by a lawyer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Contempt of Courts Act, 1971- s.12 - Criminal contempt by a lawyer - Conviction under - ,Application and complaint by lawyer alleging accusations against judges of High court - Apology tendered by the lawyer - Conviction under the Act - Justification of - Held: High Court did not commit any error in not accepting the lawyer's apology since the same is not bona fide -Allegations made by the lawyer against the judges of the High Court are too serious, scandalous and sufficient to undermine the majesty of law and dignity of court and is without any basis - Being a member of the Bar, it was his duty not to demean and disgrace the majesty of justice dispensed by a court of law - Casting of bald, oblique, unsubstantiated aspersions against the judges of High Court not only causes agony and anguish to the judges concerned but also shakes the confidence of the public in the judiciary in its function of dispensation of justice - Judicial process is based on probity, fairness and impartiality which is unimpeachable - Such an act is highly reprehensible and deeply regretted - However, imposition of fine of Rs. 20,000/- on the lawyer, reduced to Rs. 2,000/-.Contempt of court - Apology tendered - Meaning of - Held: Apology means a regretful acknowledge or excuse for failure- Apology should be sincere - Apology should be tendered with a sense of genuine remorse and repentance, and not a calculated strategy to avoid punishment - Apology in case of criminal contempt must be offered at the earliest since belated apology hardly shows the contrition. Contempt of court - Power of courts to punish - Held: Power to punish for contempt is a rare species of judicial power. - It calls for exercise with great care and caution - Power ought to be exercised only where silence is no longer an option - Power of courts to punish for contempt is to secure public respect and confidence in judicial process. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2014 INSC 413 |
Petitioner | Bal Kishan Giri |
Respondent | State Of U.p. |
SCR | [2014] 6 S.C.R. 545 |
Judgement Date | 2014-05-28 |
Case Number | 555 |
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