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2011 (5) TMI 1123 - SC - Indian LawsGuilty of criminal contempt - Offence punishable u/s 12 r/w Sections 15 and 2(c) of the Contempt of Courts Act, 1971 ("the Act") - order of conviction and sentence passed - before the Magistrate, unfortunate incident had occurred, tendered apology and regret for their action, prayed for leniency and setting aside the order of the High Court sentencing the contemnors to jail - Controversial behaviour of the Contemnors - Before considering the acceptability of the affidavits filed by the appellants, in order to visualize seriousness of the matter, it is useful to refer the exchange of words and behaviour of the appellants (in English version) while the Magistrate remanded the accused Soran to police custody. ''When all the officers were sitting in the chamber of the Magistrate, they over-heard Mr. Prashar shouting in the Court in loud voice saying, "You are indulging in gangism. You are passing orders of your choice. The contempt can not harm me. I will see to it as to how you remain in service." The role and status of lawyers at the beginning of Sovereign and Democratic India is accounted as extremely vital in deciding that the Nation's administration was to be governed by the Rule of Law. They were considered intellectuals amongst the elites of the country and social activists amongst the downtrodden. The role of lawyers in the framing of the Constitution needs no special mention. In a profession with such a vivid history it is regretful, to say the least, to witness instances of the nature of the present kind. Lawyers are the officers of the Court in the administration of justice. HELD THAT:- Considering the plea made by Mr. Ram Jethmalani, learned senior counsel and President of the Supreme Court Bar Association, in tendering unconditional apology, recorded even at the initial stage before the High Court and before the Magistrate, Faridabad before whom the unwanted incident had occurred and the present affidavits filed before us once again expressing unconditional apology and regret with an undertaking that they would maintain good behaviour in future and in view of the language used in `proviso' and `explanation' appended to Section 12(1), we accept the affidavits filed by all the Appellants. Considering the fact that the newspaper has merely published what had happened in the Court, we are of the view that it would be just and fair to apply the same relief to him also. We reiterate that acceptance of an apology from a contemnor should only be a matter of exception and not that of a rule. A Court, be that of a Magistrate or the Supreme Court is sacrosanct. The integrity and sanctity of an institution which has bestowed upon itself the responsibility of dispensing justice is ought to be maintained. All the functionaries, be it advocates, judges and the rest of the staff ought to act in accordance with morals and ethics. Advocates Role and Ethical Standards - ''An advocate shall not stand as a surety, or certify the soundness of a surety for his client required for the purpose of any legal proceedings." Advocates have a large responsibility towards the society. A client's relationship with his/her advocate is underlined by utmost trust. An advocate is expected to act with utmost sincerity and respect. In all professional functions, an advocate should be diligent and his conduct should also be diligent and should conform to the requirements of the law by which an advocate plays a vital role in the preservation of society and justice system. An advocate is under an obligation to uphold the rule of law and ensure that the public justice system is enabled to function at its full potential. Any violation of the principles of professional ethics by an advocate is unfortunate and unacceptable.
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