2006 (11) TMI 676 - HC - Indian Laws

Summary

Issues Involved:
1. Initiation of contempt proceedings against the petitioner.
2. Examination of whether issuing threatening notices to an advocate amounts to contempt of court.
3. Consideration of the petitioner's defense and justifications.
4. Evaluation of the petitioner's apology.
5. Determination of the appropriate punishment for contempt.

Detailed Analysis:

1. Initiation of Contempt Proceedings Against the Petitioner:
The contempt proceedings were initiated against the petitioner following the issuance of a notice dated 28th April 2006, in which the petitioner leveled serious allegations against the counsel for the respondent, accusing him of professional misconduct and misleading the High Court. The petitioner was asked to show cause why he should not be punished for contempt of court for obstructing the administration of justice.

2. Examination of Whether Issuing Threatening Notices to an Advocate Amounts to Contempt of Court:
The court examined whether the petitioner's act of issuing threatening notices to the advocate for the opposite party amounted to contempt under Section 2(c)(iii) of the Contempt of Courts Act, 1971. This section defines criminal contempt as any act that interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice.

The court referred to several precedents to establish that issuing such notices and making disparaging remarks against an advocate constitutes interference with the administration of justice. The judgments cited include:
- Ananta Lal Singh v. Alfred Henry Watson: Comments on an advocate that interfere with their duties amount to contempt.
- Telhara Cotton Ginning Co. Ltd. v. Kashinath Gangadhar Namjoshi: Threatening an advocate interferes with the administration of justice.
- Mrs. Damayanti G. Chandiramani v. S. Vaney: Disrespect towards an advocate that deters them from discharging their duties amounts to contempt.

The court concluded that the petitioner's actions of issuing threatening notices to the advocate amounted to direct interference with the administration of justice and thus constituted contempt of court.

3. Consideration of the Petitioner's Defense and Justifications:
The petitioner argued that his actions did not amount to contempt and that he had a right to issue notices to the advocate for professional misconduct. He cited various judgments to support his case, including:
- Pratap Singh v. Gurbaksh Singh: Obstructing the court and perverting the course of justice amounts to contempt.
- D.P. Chadha v. Triyugi Narain Mishra: Professional misconduct by an advocate.

However, the court found that the petitioner's reliance on these judgments was misplaced. The court emphasized that the petitioner could have pointed out any falsehoods in the respondents' affidavits during the course of arguments or by filing appropriate proceedings. The petitioner's actions of leveling accusations against the advocate and threatening him during the pendency of the case were deemed to be an attempt to pressurize the advocate and interfere with the administration of justice.

4. Evaluation of the Petitioner's Apology:
The petitioner tendered an apology during the course of arguments but simultaneously continued to justify his actions and reiterated his allegations against the advocate. The court found that the apology was not unconditional and lacked genuine remorse. The court referred to several judgments to emphasize that an apology must be voluntary, unconditional, and indicative of genuine contrition to be considered mitigating.

- State v. Bhavani Singh: An apology must be a genuine expression of remorse.
- Shri C.K. Daphtary v. Shri O.P. Gupta: An apology is not a defense but can mitigate the offense.
- Sub-Judge First Class Hoshangabad v. Jawaharlal Ramchand: An apology must be indicative of real contriteness.

The court concluded that the petitioner's apology was a mere device to escape punishment and did not exhibit genuine remorse.

5. Determination of the Appropriate Punishment for Contempt:
Considering the petitioner's lack of genuine remorse and the seriousness of his actions, the court found him guilty of criminal contempt. However, taking into account the petitioner's plea regarding his wife's medical condition, the court decided to err on the side of leniency. The petitioner was sentenced to simple imprisonment for three days and a fine of Rs. 1,000.

The court emphasized the importance of protecting the dignity of the court and the role of advocates in the administration of justice. The punishment was intended to have a sobering effect on the petitioner and serve as a deterrent against similar conduct in the future.

Conclusion:
The court found the petitioner guilty of criminal contempt for issuing threatening notices to an advocate, which amounted to interference with the administration of justice. The petitioner's apology was deemed insincere, and he was sentenced to three days of simple imprisonment and a fine of Rs. 1,000.