The Jharkhand High Court dismissed the suo motu criminal contempt case against advocate Mahesh Tiwari after he apologised for his heated exchange with Justice Rajesh Kumar. The Court said its shoulders were broad enough and adopted a lenient view.
The Jharkhand High Court dismissed the suo motu criminal contempt proceedings against advocate Mahesh Tiwari, stemming from a heated verbal exchange with Justice Rajesh Kumar last year.
A video of the hearing, which was live-streamed on YouTube, gained considerable attention on social media.
During the encounter on October 16, 2025, Tiwari addressed Justice Kumar, stating:
“I can argue in my own way, not in your way in which you say. Please mind that… Don’t try to humiliate any advocate, I am telling you. Sir, please don’t try to humiliate any person. The country is burning… with the judiciary. These are my words. Don’t try to humiliate any advocate. Aap bahut jaante hai, aap judge hogaye; hum loug nai jaante hum loug wakeel hai (you know a lot, you have become a judge; We don’t know, we are lawyers). I will argue in my own way. Don’t cross the limit. Please, don’t cross the limit. I have already practiced for the last 40 years.”
Earlier, On February 16 this year, a Full Bench comprising Chief Justice MS Sonak and Justices Sujit Narayan Prasad, Rongon Mukhopadhyay, Ananda Sen, and Rajesh Shankar concluded the contempt proceedings after the Supreme Court encouraged the High Court to consider Tiwari’s unconditional apology sympathetically.
While the High Court found Tiwari’s remarks regrettable, it emphasized that a lawyer with over 40 years of experience should exhibit greater restraint.
The Court stated,
“Upon due consideration of the pleas, transcript, the video clip and the law on the subject, we are inclined to accept the contemnor’s unconditional apology to this Court. However, this is not because we regard the contemnor’s conduct and utterances in the Court as not being contumacious or tending to scandalise or lower the authority of the Court.”
The judges expressed hope that Tiwari would show more restraint in the future and avoid actions that could undermine the institution or obstruct the administration of justice.
The Court also noted Tiwari had characterized his comments as a “spontaneous reaction” to remarks he perceived as humiliating from Justice Kumar.
They highlighted that in an initial statement to the Full Bench, Tiwari expressed no remorse for his actions, which the Court found hurtful.
The Bench remarked,
“More than it hurts us, it harms the institution, which is far greater than the judges and lawyers who are but a part of it. It suggests a kind of bravado that may appeal to some galleries or quarters. But there is a thin, though well-marked line between arrogance and forthrightness that, at least, a seasoned Lawyer with over four decades of practice can afford neither to miss nor to cross,”
It added that by October 17, 2025, it was hoped that tempers would have settled, and wiser counsel would prevail, suggesting that some grace and repentance from Tiwari might have mitigated the situation.
In light of Tiwari’s eventual apology, the Court concluded,
“While we do not condone or overlook the contemnor’s conduct and utterances, our institution’s shoulders are broad enough not to be unduly affected by them. Therefore, we are satisfied that this is a matter in which, while we do not approve of the contemnor’s utterances and conduct in the Court on 16.10.2025, we must take a sympathetic and lenient view of the matter.”
The judges remarked that they rarely invoke contempt jurisdiction to protect judicial prestige or their dignity, emphasizing that this power should be used judiciously, primarily to ensure the administration of justice and prevent any interference or obstruction.
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