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Issues: Appeal u/s 19(1)(b) of Contempt of Courts Act 1971 against judgment of High Court of Himachal Pradesh sentencing appellant to imprisonment and fine.
Summary: 1. The appellant, an Advocate, threw a shoe at the Judge during a court proceeding, leading to a contempt case. The incident occurred when the Judge dismissed a petition due to non-payment of process fee by the petitioner, represented by the appellant. The appellant claimed his action was due to the Judge's provocative language. 2. The High Court found the appellant's version to be false and held him guilty of contempt. The appellant, through his counsels, expressed remorse and offered unconditional apologies to the courts. The counsels pleaded for a lenient view considering the appellant's repentance. 3. The Supreme Court condemned the appellant's behavior as unbecoming of a practicing lawyer, emphasizing the need to uphold respect for authority. Despite the appellant's apologies and expressions of regret, the Court reduced the sentence from six months to one month, increased the fine, and directed the fine to be paid to a Legal Aid Society in Himachal Pradesh. 4. The Court highlighted the importance of maintaining decorum and respect between the legal profession and the judiciary, emphasizing that such incidents undermine the justice system. The Court also addressed the appellant's counsel's argument in the High Court, cautioning against trivializing serious misconduct in the legal profession. 5. The judgment serves as a reminder of the integral relationship between the Bar and the Bench in administering justice and the necessity of upholding professional ethics and decorum to ensure the survival of democracy and the justice system.
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