The Madras HC sentenced a senior advocate to 4 months’ jail and fined Rs. 2,000 for willfully disobeying court orders in a contempt case. The judgment reinforces that lawyers must uphold the rule of law and are not above judicial accountability.
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MADRAS: In a landmark and stern reminder that the legal fraternity is not immune to the rule of law, the Madras High Court recently sentenced a senior Advocate to four months of simple imprisonment and imposed a fine of Rs. 2,000 in a civil contempt case.
The ruling sends a clear message that lawyers, despite their standing in society or positions in Bar Associations, cannot misuse their knowledge of the law to defy court orders or protract litigation.
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Background
The contemnor, a practicing lawyer for over 30 years and former office bearer of the Bar Association, had been involved in prolonged rent control proceedings initiated by a landlord before the Court of Small Causes in Chennai.
Throughout the litigation, the contemnor was found to have abused court processes by filing multiple frivolous applications and suits, deliberately delaying eviction.
Despite a clear direction from the High Court in November 2024 to vacate the premises within two months and a dismissal of his Special Leave Petition (SLP) by the Supreme Court, the Advocate failed to comply.
Instead, he filed an independent suit claiming rights over the same property, directly undermining the finality of judicial decisions.
Court’s Reasoning and Observations
Justice N. Sathish Kumar, who presided over the contempt petitions, held that,
“When a lawyer himself is a litigant, he cannot take the law in his own hands to protract the proceedings. He is also subject to legal process as that of an ordinary litigant.”
The Court was scathing in its criticism of the contemnor’s conduct, noting:
Lack of remorse: The contemnor had not tendered a genuine apology, merely inserting a single line of regret at the end of his explanation, which the Court found lacking in bona fides.
Breach of undertaking: Despite giving an undertaking to vacate the premises, the contemnor willfully disobeyed both the High Court and Supreme Court orders.
Impact on public confidence: The Judge remarked that such conduct by a member of the Bar, if left unchecked, would erode public trust in the judiciary and set a dangerous precedent.
“If such disobedience is not dealt with seriously, the faith and confidence the common man reposes in the judiciary will be eroded.”
The Court reiterated the ethical and professional responsibilities of lawyers. It emphasized that,
- Advocates are officers of the Court, and their conduct must reflect the dignity of the institution.
- Disobedience of court orders, especially by a lawyer, damages not just their reputation but also undermines the sanctity of the legal profession.
- As per the Bar Council of India Rules, advocates must exhibit the highest standards of integrity, both in and outside courtrooms.
Given the seriousness of the contemnor’s conduct, the Court,
- Convicted him for civil contempt.
- Sentenced him to 4 months of simple imprisonment and imposed a fine of ₹2,000.
- Directed the Bar Council of Tamil Nadu and Puducherry to initiate disciplinary proceedings for professional misconduct.
The Bench concluded,
“If a person of this nature, showing scant respect to court orders… is allowed to continue in the legal profession, it will have a serious impact on the very institution itself.”
Case Title: P. Vikash Kumar v. A. Mohandass
Case Number: Cont.P.Nos.985 & 986 of 2025
Appearance:
Petitioner: Advocate Kushal Kumar Sancheti
Respondent: Advocates G.S. Mani and G. Anandaraj.
READ ORDER HERE
