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TMI Blog1984 (5) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... the slightest compunction. 2. An Advocate whose client had been convicted by the learned Special Judge, Dehradun, was required to appear before the learned Judge to make his submissions on the question of 'sentence' to be imposed on the accused upon his being found guilty of an offence under Section 5(2) of the Prevention of Corruption Act by the Court. The learned Advocate appeared in a shirt-and-trouser-outfit in disregard of the rule requiring. him to appear only in Court attire when appearing in his professional capacity, The learned Judge asked him to appear in the prescribed formal attire for being heard in his professional capacity. The learned Advocate apparently took umbrage and left the Court. Some other Advocate appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch an application after a matter is disposed of by a Judge. Nor was any legal purpose to be served by making such an application. 4. Obviously application was made to terrorize and harass the Judge for imposing a sentence which perhaps be considered to be on the high side whether or not it was really so was for the higher Court to decide. 5. As pointed out earlier , it was however not permissible to adopt a course of intimidation in order to frighten the Judge. His malicious purpose in making the application is established by another tell-tale circumstance by forwarding copy of this application, without any occasion or need for it, to several authorities and dignitaries . 1. Administrative Judge, Allahabad for favour of requisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s granted. He appeared before the learned Judge and tendered a written apology wherein he stated that he was doing so as directed by the Hon'ble Supreme Court. This circumstance in a way shows that it was a 'paper' apology and the expression of sorrow came from his pen, not from his heart. For, it is one thing to say sorry-it is another to feel sorry. It is in this context that we have been obliged to make the opening remarks at the commencement of this judgment. 8. We do not think that merely because the appellant has tendered his apology we should set aside the sentence and allow him to go unpunished. Otherwise, all that a person wanting to intimidate a Judge by making the grossest imputations against him has to do, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Court is impelled to act (rather than merely sermonize), much as the Court dislikes imposing punishment whilst exercising the contempt jurisdiction, which no doubt has to be exercised very sparingly and with circumspection. We do not think that we can adopt an attitude of unmerited leniency at the cost of principle and at the expense of the Judge who has been scandalized. We are fully aware that it is not very difficult to show magnanimity when some one else is the victim rather than when oneself is the victim. To pursue a populist line of showing indulgence is not very difficult-in fact it is more difficult to resist the temptation to do so rather than to adhere to the nail-studded path of duty. Institutional perspective demands that co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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