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1984 (5) TMI 271 - SC - Indian Laws

Issues:
1. Contempt of court for making scurrilous allegations against a judge.
2. Justifiability of the appellant's conduct based on alleged mistreatment.
3. Acceptance of apology as a defense against contempt charges.
4. Implications of allowing intimidation tactics towards judges.
5. Maintenance of judicial independence and morale of judges.

Detailed Analysis:

1. The judgment addresses the issue of contempt of court arising from an advocate's scurrilous application to a judge, accusing him of corruption and misconduct. The advocate's actions were deemed as an attempt to intimidate and harass the judge for the sentence imposed in a corruption case. The High Court found the advocate guilty of criminal contempt under the Contempt of Courts Act, 1971, and imposed a sentence of one week simple imprisonment and a fine of Rs. 500.

2. The appellant sought to justify his conduct based on alleged mistreatment by the judge, without expressing any remorse or offering an apology during the proceedings at the High Court. However, when approaching the Supreme Court, the appellant expressed sorrow, attributing his actions to a loss of mental balance. The Supreme Court noted that the apology seemed insincere and merely a formality, highlighting the importance of genuine remorse over mere verbal apologies.

3. The judgment delves into the acceptability of an apology as a defense against contempt charges. The appellant's belated apology, made under the direction of the Supreme Court, was viewed as a superficial gesture lacking genuine remorse. The court emphasized that accepting such apologies without genuine contrition would set a dangerous precedent, allowing individuals to scandalize courts with impunity and then offer empty apologies as a shield from consequences.

4. The judgment underscores the implications of allowing intimidation tactics towards judges, emphasizing the need to maintain judicial independence and protect judges from unwarranted attacks. Allowing advocates to intimidate judges through baseless allegations and then escape punishment by offering insincere apologies would undermine the integrity of the judiciary and deter judges from rendering impartial decisions.

5. In conclusion, the Supreme Court dismissed the appeal, upholding the High Court's decision to impose a substantive sentence on the appellant for contempt of court. The court emphasized the importance of maintaining judicial independence, upholding the morale of judges, and drawing a line against attempts to intimidate or scandalize the judiciary. The judgment highlights the duty of the court to uphold principles over populism and ensure that advocates respect professional ethics and the decorum of courts.

 

 

 

 

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