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TMI Blog1995 (3) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... ny Under Section 29 of the U.P. Financial Corporation Act. The company filed a Civil Suit against the Corporation and it has also field an application for grant of temporary injunction. Counsel for the Corporation suo moto put appearance in the matter before Trial Court and prayed for time for filing of reply. The learned trial court passed an order on the said date that the Corporation will not seize the factory of the Company. The company shall pay the amount of instalment and it will furnish also security for the disputed amount. The court directed to furnish security on 31.1.94 and case was fixed on 15.3.94. Against said order of the trial court this appeal has been filed and arguments have been advanced that Court has no jurisdiction to pass the order for payment of instalment of loan and further no security could have been ordered. I put a question to Shri Misra under which provision this order has been passed. On putting of question he started to shout and said that no question could have been put to him. He will get me transferred or see that impeachment motion is brought against me in Parliament. He further said that he has turned up many Judges. He created a good scene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... status a Senior Advocate of the Allahabad High Court and his connections with the various law organisations in different capacities to impress upon the Court that he had a deep involvement in the purity, integrity and solemnity of judicial process, he has submitted in the affidavit that but for his deep commitments to the norms of judicial processes as evidenced by his said status and connections, he would have adopted the usual expedient of submitting his unconditional regrets. But the facts and circumstances of this case were such which induced him to "state the facts and seek the verdict of the Court" whether he had committed the alleged contempt or whether it could be "a judge committing contempt of his own court". He has then stated the facts which according to him form the "genesis" of the present controversy. They are as follows :- A. A Private Ltd. Co. had taken an instalment loan from U.P. Financial Corporation, which provides under its constituent Act (Sec. 29) for some sort of self help in case of default of instalments. B. A controversy arose between the said Financial Corporation and the borrower as a result of which, the borrower had t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvened, whispered something to the Applicant Judge and directed the case to be listed before some other Bench. It was duly done and by an order of the other Court dated 18th March, 1994 Hon'ble Justices B.M. Lal and S.K. Verma, the points raised by me before the Applicant Judge were accepted. A copy of the said order is reproduced as Annexure I to this affidavit. L. I find it necessary to mention that the exchange that took place between me and the Applicant Judge got a little heated up. In the moment of heat the Applicant Judge made the following observations :- I am from the Bar and if need be I can take to goondaism. Adding in English - I never opted for Allahabad. I had opted for Gujarat and Himachal Pradesh. I do not know why the Chief Justice of India disregarded my options and transferred me to this place, which I never liked. Provoked by this I asked him whether he was creating a scene to create conditions for getting himself transferred as also talked earlier. After narrating the above incident, contemner has gone on to deny that he had referred to any impeachment, though according to him he did mention that "a judge got himself transferred earlier on accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of his "institutional and professional conscience" and for upholding professional standards expected of both the Bench and the Bar of this Court" that this Court may order a thorough investigation into the incident in question to find out whether a contempt has been committed by him punishable under "Article 215" of the Constitution Or by the Judge under Section 16 of the Contempt of Courts Act. He has further stated that the entire Bar at Allahabad knows that he has unjustly "roughed" by the Judge and was being punished for taking a "fearless and non-servile stand" and that he is being prosecuted for asserting the right of audience and using "the liberty to express his views" when a Judge takes a course "which in the opinion of the bar is irregular". He has also contended that any punishment meted out to the "outspoken lawyer" will completely emasculate the freedom of the profession and make the Bar "a subservient tail wagging appendage to the judicial branch, which is an anathema to a healthy democratic judicial system". He has made a complaint that he was feeling handicapped in not being pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egard for the courts and he never intended nor intends not to pay due respect to the courts which under the law they are entitled to and it is for this reason that instead of defending himself through an advocate, he had left to the mercy of this Court to judge and decide the right and wrong. He has also stated that it is for this reason that he had not relied upon the provisions of the Constitution under Articles 129 and 215 and Section 16 of the Contempt of Court Act and to save himself on the technicality and jurisdictional competence. Lastly, he has reiterated that he had always paid due regard to the Courts and he was paying the same and will continue to pay the same and he "neither intended not intends to commit contempt of any Court". 2. Along with the aforesaid affidavit was forwarded by the contem-ner, a petition stating therein that he had not gone beyond the legitimate limits of fearless, honest and independent obligations of an advocate and it was Justice Keshote himself who had lost him temper and extended threats to him which was such as would be punishable under Section 16 of the Contempt of Courts Act, 1971[hereinafter referred to as the "Act"] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned judge was so unworthy that the senior colleague on the Bench apart from "disregarding with the desire of the applicant to dismiss the entire order" against a part of which an appeal had been filed, released the case from the board and did not think of taking recourse to the obvious and well-known procedure of initiating contempt proceedings against him for the alleged contempt committed in the face of the Court. He has further contended that the adoption of devious way of reaching the Acting Chief Justice by letter and reportedly coming to Delhi for meeting meaningful people" is "itself seeking about the infirmity of the case" of the Judge. He has in the end reiterated his prayer for an inquiry into the behavior of the learned Judge if the notice of contempt was not discharged against him in view of the denial by him of the conduct alleged against him. 3. This Court gave four weeks' time as desired by the contemner to file an additional affidavit giving more facts and details. The Court also made clear that the cause title of the proceedings was misleading since Justice Keshote had not initiated the proceedings. The proceedings were initiated mo m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... initiated against him. The contemner was given an opportunity to file any material in reply or in defence within another eight weeks. He was also allowed to file the affidavit of any other person apart from himself in support of his defence. Shri Gupta, learned Solicitor General was appointed as the prosecutor to conduct the proceedings. The affidavits filed by the contemner were directed to be sent to Justice Keshote making it clear that he might offer his comments regarding the factual averments in the said affidavits. 4. In view of the said order, the Court dismissed the contemner's application No. 2560/94 praying for discharge of the notice. The contemner thereafter desired to withdraw his application No. 2561/94 seeking initiation of proceedings against the learned judge for contempt of his own Court, by stating that he was doing so "at this stage reserving his right to file a similar application at a later stage". The Court without any comment on the statement made by the Contemner, dismissed the said application as withdrawn. 5. Justice Keshote by a letter of 20th August, 1994 forwarded his comments on the counter affidavit and the supplementary/additional c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him, the contemner should have argued the matter and encouraged the new junior Judge. The learned Judge has further denied the following averment, viz., "unfortunately, the applicant Judge took it unsparingly and apparently lost his temper and directed the stenographer to take down the order for setting aside of the whole order" made in paragraph 6[J] of the counter affidavit, as wrong. He has pointed out that in the Division Bench, it is the senior member who dictates order/judgments. He has also denied the statements attributed to him in other paragraphs of the affidavit and in particular, has stated that he did not make the following observations: "I am from the Bar and if need be I can take to goondaism" and has alleged that the said allegations are absolutely wrong. He has also denied that he ever made the statements as follows : "I never opted for Allahabad. I had opted for Gujarat and Himachal Pradesh. I do not know why the Chief justice of India disregarded my options and transferred me to this place which I never liked". According to him, the said allegations are manufactured with a view to create a defence. He has denied the allegations made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bar Council of India and the State Bar Council of U.P. [who were allowed to intervene] were heard and the matter was reserved for judgment. 6. Thereafter, the State Bar Council of U.P., also submitted its written submissions on 26th November, 1994 alongwith an application for intervention. We have perused the said submissions. 7. We may first deal with the preliminary objection raised by the Contemner and the State Bar Council, viz., that the Court cannot take cognisance of the contempt of the High Courts. The contention is based on two grounds. The first is that Article 129 vests this Court with the power to punish only for the contempt of itself and not of the High Courts. Secondly, the High Court is also another court of record vested with identical and independent power of punishing for contempt of itself. The contention ignores that the Supreme Court is not only the highest Court of record, but under various provision of the Constitution, is also charged with the duties and responsibilities of correcting the lower courts and tribunals and of protecting them from those whose misconduct tends to prevent the due performance of their duties. The latter functions and powers of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch a court including the power to punish for contempt of itself. Article 215 contains similar provision in respect of High Court. Both the Supreme court as well as High Courts are courts of record having powers to punish for contempt including the power to punish for contempt of itself. The Constitution does not define "Court of Record'. This expression is well recognised in juridical world. In Jowitt's Dictionary of English Law, "Court of record" is defined as : A court whereof the acts and judicial proceedings are enrolled for a perpetual memorial and testimony, and which has power to fine an imprison for contempt of its authority. In Wharton's Law Lexicon, Court of record is defined as : Courts are either of record where their acts and judicial proceedings are enrolled for a perpetual memorial and testimony and they have power to fine and imprison, or not of record being courts of inferior dignity, and in a less proper sense the King's Courts-and these art not entrusted by law with any power to fine or imprison the subject of the realm, unless by the express provision of some Act of Parliament. These proceedings are not enrolled or recorded In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate courts enjoyed the inherent power of contempt to protect the subordinate courts. The Supreme Court being a Court of Record under Article 129 and having wide power of judicial supervision over all the courts in the country, must possess and exercise similar jurisdiction and power as the High Courts and prior to contempt Legislation in 1926. Inherent powers of a superior Court of Record have remained unaffected even after codification of Contempt Law." xxxxx 28. ...The Parliament's power to legislate in relation to law of contempt relating to Supreme Court is limited, therefore the Act does not impinge upon this Court's power with regard to the contempt of subordinate courts under Article 129 of the Constitution.g 29. Article 129 declares the Supreme Court a court of record and it further provides that the Supreme Court shall have all the powers of such a court including the power to punish for contempt of itself. The expression used in Article 129 is not restrictive instead it is extensive in nature. If the Framers of the Constitution intended that the Supreme Court shall have power to punish for contempt of itself only, there was no necessity of inserting the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng action for contempt of itself as well as for the contempt of subordinate and inferior courts. It was contended that since High Court has power of superintendence over the subordinate courts under Article 227 of the Constitution, therefore, High Court has power to punish for the contempt of subordinate courts. Since the Supreme Court has no supervisory jurisdiction over the High Court or other subordinate courts, it does not possess powers which High Courts have under Article 215. This submission is misconceived. Article 227 confers supervisory jurisdiction on the High Court and in exercise of that power High Court may correct judicial orders of subordinate courts, in addition to that, the High Court has administrative control over the subordinate courts. Supreme Court's power to correct judicial orders of the subordinate courts under Article 136 is much wider and more effective than that contained under Article 227. Absence of administrative power of superintendence over the High Court and subordinate court does not affect this Court's wide power of judicial superintendence of all courts in India. Once there is power of judicial superintendence, all the courts whose orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution. The amplitude of the power of this Court under these articles of the Constitution cannot be curtailed by law made by Central or State legislature. If the contention raised on behalf of the contemners is accepted, the courts all over India will have no protection from this Court. No doubt High Courts have power to persist for the contempt of subordinate courts but that does not affect or abridge the inherent power of this Court under Article 129. The Supreme Court and the High Court both exercise concurrent jurisdiction under the constitutional scheme in matters relating to fundamental rights under Articles 32 and 226 of the Constitution, therefore this Court's jurisdiction and power to take action for contempt of subordinate courts would not be inconsistent to any constitutional scheme. There may be occasions when attack on Judges and Magistrates of subordinate courts may have wide repercussions throughout the country, in that situation it may not be possible for a High Court to contain the same, as a result of which the administration of justice in the country may be paralysed, in that situation the Apex Court must intervene to ensure smooth functioning of courts. The A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovision of the Constitution. The propositions of law laid down and the observations made in this decision conclusively negate the contention that this Court cannot take cognisance of the contempt committed of the High Court. 8. The contemner has also contended that notwithstanding the decision in Delhi Judicial Service Association Case [supra], the matter should be referred to a larger Bench because according to him, the decision does not lay down the correct proposition of law when it gives this Court the jurisdiction under Article 129 of the Constitution to take cognisance of the contempt of the High Court. Neither the contemner nor the learned Counsel appearing on his behalf has pointed out to us any specific infirmity in the said decision. We are not only in complete agreement with the law laid down on the point in the said decision but are also unable to see how the legal position to the contrary will be consistent with this Court's wide ranging jurisdiction and its duties and responsibilities as the highest Court of the land as pointed out above. Hence, we reject the said request. 9. The contemner has further contended that it will be necessary to hold an inquiry into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the hearing of the case and he must be able to take steps to restore order as early and quickly as possible. The time factor is crucial. Dragging out the contempt proceedings means a lengthy interruption to the main proceedings which paralyses the court for a time and indirectly impedes the speed and efficiency with which justice is administered. Instant justice can never be complete satisfactory yet it does provide the simplest, most effective and least unsatisfactory method of dealing with disruptive conduct in Court. So long as the contemner's interest are adequately safeguarded by giving him an opportunity of being heard in his defence, even summary procedure in the case of contempt in the face of the Court is commended and not faulted. 10. In the present case, although the contempt is in the face of the court, the procedure adopted is not only not summary but has adequately safeguarded the contemner's interest. The contemner was issued a notice intimating him the specific allegation against him. He was given an opportunity to counter the allegations by filing his counter affidavit and additional counter/supplementary affidavit as per his request, and he has filed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce that they require punishment] and civil contempt [disobedience of an order made in a civil cause]. Section 2[a][b] and [c] of the Act defines the contempt of court as follows : 2. Definitions. - In this Act, unless the context otherwise requires, - [a] "contempt of court" means civil contempt or criminal contempt; [b] "civil contempt" means willful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court; [c] "criminal contempt" means the publication [whether by words, spoken or written, or by signs, or by visible representations, or otherwise] of any matter or the doing of any other act whatsoever which - [i] scandalises or tends to scandalise, or lowers or tends to lower the authority of any court; or [ii] prejudices, or interferes or tends to interfere with, the due course of any judicial proceedings; or [iii] interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner; From the facts which have been narrated above it is clear that the allegations against the contemner, if true, would amount to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Judge then conveyed to the contemner that he was going to set aside the entire order although against a portion of it only he had come in appeal. According to the contemner, he then politely brought to the notice of the learned Judge that being the appellant, he had the dominion over the case and it could not be made worse just because he had come to High Court. According to the contemner, the learned Judge then apparently lost his temper and told him that he would set aside the order in toto disregarding what he had said. The contemner has then proceeded to state that "being upset over what" he felt was an arbitrary approach to judicial process he "got emotionally perturbed" and "his professional and institutional sensitivity got deeply wounded" and he told the applicant-Judge that "it was not the practice" of that Court to dismiss case without hearing or to upset judgments or portions of judgments which have not been appealed against. According to the contemner, "unfortunately the applicant - Judge took it unsparingly and apparently lost his temper and directed the Stenographer to take down the order for setting aside the whol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cepted as correct. The contemner has no doubt asked for an inquiry and an opportunity to produce evidence. For reasons stated earlier, we declined his request for such inquiry, but gave him ample opportunity to produce whatever material he desired to, including the affidavits of whomsoever he desired. Our order dated 15th July, 1994 is clear on the subject. Pursuant to the said order, the contemner has not filed his further affidavit or material or the affidavit of any other person. Instead he tendered a written apology dated 7th October, 1994 which will be considered at the proper place. In his earlier counter additional counter, he has stated that it is not he who had committed contempt but it is the learned Judge who had committed contempt of his own court. According to him, the learned Judge had gagged him from discharging his duties as an advocate and the statement of senior member of the bench concerned was necessary. He has taken exception to the learned Judge speaking in the Court except through the senior Judge of the Bench which according to him, had been the practice in the said High Court and has also alleged that the learned judge did not follow the said convention. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the learned Judge had taken charge of the proceedings, shows that th contemner was in all probability perturbed by the fact that the learned Judge was asking him questions. The leaned Judge's version, therefore, appear to be correct when he states that the contemner lost his temper when he started asking him questions. The contemner has further admitted that he got "emotionally perturbed" and his "professional and institutional sensitivity got deeply wounded" because the learned Judge, according to him, apparently lost his temper and told him in no unconcealed terms that he would set aside the order in toto disregarding what he had said. The learned Judge's statement that the contemner threatened him with transfer and impeachment proceedings also gets corroboration from the contemner's own statement in the additional affidavit that he did tell the learned Judge that a Judge got himself transferred earlier on account of his inability to command the goodwill of the Bar due to lack of mutual reverence. No one expects a lawyer to be subservient to the Court while presenting his case and not to put forward his arguments merely because the Court is agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judge's version is that when he put the question to the contemner as to under which provision, the lower court had passed the order in question, the contemner started shouting and said that no question could have been put to him. The contemner also stated that he would get him transferred or see that impeachment motion was brought against him in Parliament. He further said that he had "turned up" many judges and created a good scene in the Court. The contemner further asked him to follow the practice of the Court. The learned Judge has stated that in sum and substance, it was a matter where except "to abuse of his mother and sister", he had insulted him "like anything". The learned Judge has further stated that the contemner wanted to convey to him that admission of every matter was as a matter of course and no arguments were heard at the admission stage. He has reiterated the said version in his reply to the affidavits and in particular, has denied the allegations made against him by the contemner. He has defended his asking the question to the contemner since he was a member of the Bench. The learned judge has stated that the contemner I took ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng into consideration all the circumstances on record, of the view that the version of the incident given by the learned Judge has to be accepted as against that of the contemner. To resent the questions asked by a Judge, to be disrespectful to him, to question his authority to ask the questions, to shout at him, to threaten him with transfer and impeachment, to use insulting language and abuse him, to dictate the order that he should pass, to create scenes in the Court, to address him by losing temper, are all acts calculated to interfere with and obstruct the course of justice. Such act tend to overawe the court and to prevent it form performing its duty to administer justice. Such conduct brings the authority of the court and the administration of justice into disrespect and disrepute and undermines and erodes the very foundation of the judiciary by shaking the confidence of the people in the ability of the court to deliver free and fair justice. The stance taken by the contemner is that he was performing his duty as an outspoken and fearless member of the Bar. He seems to be labouring under a grave misunderstanding. Brazenness is not outspokenness and arrogance is not fearles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd impartial justice. When the foundation itself is shaken by acts which tend to create disaffection and disrespect for the authority of the court by creating distrust in its working, the edifice of the judicial system gets eroded. It cannot be disputed and was not disputed before us that the acts indulged into by the contemner in the present case as stated by the learned Judge per se amount to criminal contempt of court. What was disputed, was their occurrence. We have held above that we are satisfied that the contemner did indulge in the said acts. As held by this Court in the matter of Mr. 'G', a Senior Advocate of the Supreme Court [1955] 1 SCR 490; ...the Court, in dealing with cases of professional misconduct is not concerned with ordinary legal rights, but with the special and rigid rules of professional conduct expected of and applied to a specially privileged class of persons who, because of their privileged status, are subject to certain disabilities which do not attach to other men and which do not attach even to them in a non-professional character....He (a legal practitioner) is bound to conduct himself in a manner befitting the high and honourable professio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chairman of the Bar Council of India, Member of the Bar Council of U.P., Chairman and Member, Executive Council and Academic Council of the National Law School University of India at Bangalore and President of the High Court Bar Association, Allahabad. Both as a senior member of the profession and as holder of the said high offices, special and additional duties were cast upon him to conduct himself as a model lawyer and officer of the court and to help strengthen the administration of justice by upholding the dignity and the majesty of the court. It was in fact expected of him to be zealous in maintaining the rule of law and in strengthening the people's confidence in the judicial institutions. To our dismay, we find that he has acted exactly contrary to his obligations and has in reality set a bad example to others while at the same time contributing to weakening of the confidence of the people in the courts. The contemner has no doubt tendered an unconditional apology on 7th October, 1994 by withdrawing from record all his applications, petitions, counter affidavits, prayers and submissions made at the Bar and to the court earlier. We have reproduced that apology verbatim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meet "meaningful" people. These allegations may themselves amount to contempt of court. Lastly, to accept any apology for a conduct of this kind and to condone it, would tantamount to a failure on the part of this Court to uphold the majesty of the law, the dignity of the court and to maintain the confidence of the people in the judiciary. The Court will be failing in its duty to protect the administration of justice from attempts to denigrate and lower the authority of the judicial officers entrusted with the sacred task of delivering justice. A failure on the part of this Court to punish the offender on an occasion such as this would thus be a failure to perform one of its essential duties solemnly entrusted to it by the Constitution and the people. For all these reasons, we unhesitatingly reject the said so called apology tendered by the contemner. 14. The question now is what punishment should be meted out to the contemner. We have already discussed the contempt jurisdiction of this Court under Article 129 of the Constitution. That jurisdiction is independent of the statutory law of contempt enacted by the Parliament under Entry 77 of List I of VII Schedule of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry committees of the State Bar Council and the Bar Council of India, as the case may be, the Supreme Court is denuded of its power to impose such punishment both under Articles 129 and 142 of the Constitution. In support of this contention, reliance was placed on the observations of the majority of this Court in Prem Chand Garg v. Excise Commission, U.P., Allahabad [1963] Supp. 1 S.C.R. 885 relating to the powers of this Court under Article 142 which are as follows : In this connection, it may be pertinent to point out that the wide powers which are given to this Court for doing complete justice between the parties, can be used by this Court for instance, in adding parties to the proceedings pending before it, or in admitting additional evidence, or in remanding the case, or in allowing an new point to be taken for the first time. It is plain that in exercising these and similar other powers, this Court would not be bound by the relevant provisions of procedure if it is satisfied that a departure from the said procedure is necessary to do complete justice between the parties. That takes us to the second argument urged by the Solicitor-General that Article 142 and Article 32 shoul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... But it was also added there that this Court's power under Article 142[1] to do complete justice was entirely of different level and of a different quality. Any prohibition or restriction contained in ordinary laws cannot act as a limitation on the constitutional power of this Court. Once this Court is in seisin of a matter before it, it has power to issue any order or direction to do complete justice in the matter. A reference was made in that connection to the concurring opinion of Justice A.N. Sen in Harbans Singh v. State of U.P. , where the learned Judge observed as follows : Very wide powers have been conferred on this Court for due and proper administration of justice. Apart from the jurisdiction and powers conferred on this Court under Articles 32 and 136 of the Constitution I am of the opinion that this Court retains and must retain, an inherent power and jurisdiction for dealing with any extra-ordinary situation in the larger interests of administration of justice and for preventing manifest injustice being done. This power must necessarily be sparingly used only in exceptional circumstances for furthering the ends of justice. The Court has then gone on to observe th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and be understood as some express prohibition contained in any substantive statutory law. He suggested that if the expression 'prohibition' is read in place of 'provision' that would perhaps convey the appropriate idea. But we think that such prohibition should also be shown to be based on some underlying fundamental and general issues of public policy and not merely incidental to a particular statutory scheme or pattern. It will again be wholly incorrect to say that powers under Article 142 are subject to such express statutory prohibitions. That would convey the idea that statutory provisions override a constitutional provision. Perhaps, the proper way of expressing the idea is that in exercising powers under Article 142 and in assessing the needs of "complete justice" of a cause or matter, the apex Court will take note of the express prohibitions in any substantive statutory provision based on some fundamental principles of public policy and regulate the exercise of its power and discretion accordingly. The proposition does not relate to the powers of the Court under Article 142, but only to what is or is not 'complete justice' of a cause or mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... different from the jurisdiction of the courts to take action against the advocates for the contempt of court. The said jurisdiction co-exist independently of each other. The action taken under one jurisdiction does not bar an action under the other jurisdiction. 17. The contention is also misplaced for yet another and equally, if not more, important reason. In the matter of disciplinary jurisdiction under the Advocates Act, this Court is constituted as the final Appellate authority under Section 38 of the Act as pointed out earlier. In that capacity this Court can impose any of the punishments mentioned in Section 35(3) of the Act including that of removal of the name of the Advocate from the State roll and of suspending him from practice. If that be so, there is no reason why this Court while exercising its contempt jurisdiction under Article 129 read with Article 142 cannot impose any of the said punishments. The punishment so imposed will not only be not against the provisions of any statute, but in conformity with the substantive provisions of the Advocates Act and for conduct which is both a professional misconduct as well as the contempt of court. The argument has, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he power of this Court under Article 129 is subject to the provisions of Articles 19[1](a) and 19[1](g), is unexceptional. However, it is not pointed out to us as to how the action taken under Article 129 would be violative of the said provisions, since the said provisions are subject to the law of contempt and the law laying down technical and professional qualifications necessary for practising any profession, which includes the legal profession. The freedom of speech and expression cannot be used of committing contempt of court nor can the legal profession be practised by committing the contempt of court. The right to continue to practise, is subject to the law of contempt. The law does not mean merely the statute law but also the constitutional provisions. The right, therefore, is subject to the restrictions placed by the law of contempt as contained in the statute - in the present case, the Contempt of Courts Act, 1971 as well as to the jurisdiction of this Court and of the High Court to take action under Articles 129 and 215 of the Constitution respectively. We, therefore, do not see any conflict between the provisions of Articles 129 and 215, and Article 19[1](a) and Article ..... X X X X Extracts X X X X X X X X Extracts X X X X
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