A Landmark Ruling on Judicial Respect
In a significant ruling on Friday January12, the Supreme Court of India, led by Chief Justice DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, has instructed a lawyer, who was previously sentenced to six months in prison by the Delhi High Court for contempt of court, to issue an unconditional apology to the judges he had insulted. This development followed an urgent plea by Senior Advocate Vibha Datta Makhija, who brought the lawyer’s imprisonment to the court’s attention.
The incident that led to the lawyer’s contempt conviction involved him making disparaging remarks against a trial judge in an appeal related to a criminal case. Despite warnings from the High Court, the lawyer stood firm in his comments, resulting in his conviction for criminal contempt. He was sentenced to six months in prison and fined Rs. 2000, with an additional seven days of imprisonment in case of non-payment of the fine.
Chief Justice Chandrachud, referring to the lawyer’s refusal to retract his statements, noted,
“the contemnor stood by whatever statements he made…”
This stance left the High Court with no choice but to convict him. Advocate Makhija, representing the lawyer, pleaded for a more lenient sentence, highlighting the lawyer’s remorse. She argued,
“He is full of remorse now, he has definitely learnt his lesson for sure.”
In response to these arguments, the Supreme Court bench directed the lawyer to personally tender an unconditional apology to the judges of the High Court and District Judiciary against whom he had made allegations. The court’s order stated,
“We direct that the petitioner must file an unconditional apology before the High Court and judges of Trial Court before whom he made the allegations. The petitioner is to complete the exercise by 2 PM on Tuesday 16.1.24. Relist at 3 PM, Tuesday. The police authorities shall arrange for the petitioner to be produced in person before each of the judges before whom an apology is to be tendered.”
While Makhija also requested interim bail for the lawyer, Chief Justice Chandrachud deferred this decision, saying,
“Let him first go with the police, and we will list it on Tuesday.”
This case highlights the judiciary’s firm stance on upholding respect for the legal system and its functionaries, demonstrating the serious consequences of contemptuous conduct towards the court and its officials.
Also read-Supreme Court Levies Rs 25 Lakhs Penalty On Litigant For Frivolous Litigation (lawchakra.in)
