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 — s. 19 — Advocates Act 1961 - ss. 244 38 ~ |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Contempt of Courts Act, 1971 — s. 19 — Advocates Act, 1961 - ss. 244, 38 ~ Contempt of court - Advocate intimidated and threatened a civil judge on two dates — High Court found hiin guilty of contempt of court and sentenced him to simple imprisonment for two months — Direction to State Bar Council to initiate appropriate proceedings against the advocate for professional misconduct — However, nothing done by Bar Council for few years ~ Interference with the order passed by the High Court — Held: In view of the inaction of the Bar Council, this Court has to exercise appellate jurisdiction under the Advocates Act in view of proved misconduct calling for disciplinary action — This Court can exercise suo motu powers for punishing the contemnor for professional misconduct — It is also permissible for High Court u/Art. 226 in appropriate cases on failure of the Bar Council to take action after its attention is invited to the misconduct - Further, section 24A which debars a convicted person from being enrolled applies to an advocate on the rolls of the Bar Council for a period of two years, if convicted for contempt — In addition thereto, unless a person purges himself of contempt or is permitted by the Court, conviction results in debarring an advocate from appearing in court even in absence of suspension or termination of the licence to practice — Thus, the conviction of the advocate is justified - However, sentence of imprisonment awarded to the appellant is set aside in view of his advanced age — Direction that the appellant would not be permitted to appear in courts in District Etah until he purges himself of contempt is upheld - Under s. 24A, the enrollment of the appellant would stand suspended for two years from the date of this order — As a disciplinary measure for proved misconduct, the licence of the advocate to remain suspended for further five years — Constitution of India — Art. 226. |
Judge | Hon'ble Mr. Justice Anil R. Dave |
Neutral Citation | 2016 INSC 492 |
Petitioner | Mahipal Singh Rana, Advocate |
Respondent | State Of Uttar Pradesh |
SCR | [2016] 4 S.C.R. 184 |
Judgement Date | 2016-07-05 |
Case Number | 63 |
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