TMI Blog1991 (12) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... lawyers from entering the court premises and the court rooms. In a threatening tone they also shouted at the Judges saying, Stop The Work, We Will Not Allow The Courts To Function And You Should Retire To Your CHAMBERS . They also insisted to read a Memorandum dated 21.9.91 in the Chief Justice's Court. The Memorandum purported to be issued by Sh. Rajiv Khosla, contemner as Hony. Secretary and typed on the letter head of the Delhi Bar Association, Tis Hazari Courts, Delhi. Sh. B.D.Kaushik, contemner, the President of the Association read the said Memorandum in the presence of the Chief Justice, the contents whereof scandalized, in any event tended to scandalize and lower the authority of the High Court. This outrageous and unbecoming episode continued to linger and hover in the High Court till almost 12.30 P.M. (2) The conscience of this Court was shocked on account of the aforesaid actions of the Contemners Along with their colleagues and therefore, in exercise of its power under Article 215 of the Constitution of India and other provisions and powers available to this Court, a notice was issued on 27.9.91 to the aforesaid contemners to show cause why they be not convict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as President of the Delhi Bar Association of the events which took place in various courts on 26.9.91, and condemned the same and regretted. He further stated that they will try their level best not to repeat such incidents in future and also assured that there will be no recurrence. All the other contemners stood by the statement made by Sh.B.D.Kaushik. We were, however, of the view that the use of the word 'regret' in the statements of the various contemners was not sufficient to mitigate the offence and that the statements made by the contemners may not bind the other members of the Bar Association who had also indulged in the nefarious activities on 26.9.91 along with the contemners. On thier request, they were granted time to adopt a resolution in the general body meeting of the Bar Association and inform the Court at 2 P.M. The proceedings were accordingly adjourned to 2 P.M. on the same date. We recollect that after assembling it was stated on behalf of the Contemners that an urgent meeting of the Bar Association was called in the compound of the High Court itself wherein a resolution had been adopted in the same terms and language as stated by the contemners in Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y but everywhere in this tiny planet of the charismatic Universe. We need to remind ourselves of the highest traditions set by the stalwarts in the legal profession. In fact, most of our leaders who participated in the struggle for the independence of this great Country were from this noble profession. It is a profession which cannot brook such a defiant attitude and behavior of the lawyer community. The whole edifice and infrastructure of justice and Judiciary is likely to crumble, if this wing of the administration of justice behaves in the manner it did on 26.9.1991. Therefore, keeping in view the entire background of the legal provisions and the nobility which should flow from e legal profession, we have no hesitation in saying that the contemners along with their other brethren indulged in the most reprehensible activity on 26.9.1991. They simply brought down not only the dignity and majesty of this temple of justice but their own profession also and attempted to erode the entire system of administration of justice. In fact, the contempt was so gross and outrageous that we have no hesitation in holding them guilty of the contempt of this Court and convict them accordingly. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the judiciary and the morale of the Judges demand that we do not allow the appellant to escape with impunity on the mere tendering of apology, which in any case does not wipe out the mischief. (11) On a consideration of the entire matter, we are of the view that whatever the contemners have done tantamounts to an attempt to erode the majesty and authority of the courts and not of us individually or collectively. The guiding principle before us should be the resurrection of the immense damage inflicted upon the majesty of this symbolic manifestation of democracy and secularism. Just like the chords of a Veena, if loose, will echo discordant notes and if very much tightened, are likely to break, we should on this first occasion endeavor to strike a balance. (12) We must realise that they are members of the noble profession and in their misguided zeal, ventured upon the defiant course for which they have offered apology. At the same time we must also keep in mind that simply accepting the apology and discharging the rule may not appear to be ' warranted in the circumstances of the gross contempt. Therefore, taking the totality of the circumstances into consideration, incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Backer (1972 All England Reports 997-at page 1006 ), it was observed: The law should not be seen to sit by limply, while those who defy it go free and those who seek its protection lose hope. (15) These principles are reiterated by the Supreme Court in Advocate General, Bihar vs. M.P. Khair Industries . (16) The Full Bench initiated proceedings on its own motion for Contempt of Court against the above named seven advocates. The statement of allegations was issued to the said advocates, which reads: ON26th September,1991, between 10.30 a.m. to 12.30 p.m. Sarvshri B.D. Kaushik, Rajinder Kumar Sharma, Rajiv Khosla, Jugal Wadhwa, R.N. Vats, Jatan Singh and P.S.Rathee, Advocates, aided and abetted by others, in large number, stormed the various Court Rooms when the Judges of this Court were discharging their judicial functions and committed the following acts which amount to gross interference with the course of judicial proceedings and obstruction of the administration of justice. The aforesaid persons individually and collectively stood on the chairs, tables and the dias of the Court Masters and acted in a menacing manner towards the Judges sitting in the Court. They conducte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not deny the allegations imputed in the notice. Shri Rajiv Khosla owned the statement made by Shri B.D. Kaushik. Shri Jugal Wadhwa denied the contents of the show cause notice. The other contemnors avoided giving any categorical reply to the contents of the show cause notice and merely sought adjournment. For consideration of their request of adjournment the Full Bench retired for consultation. After due deliberation the Court resumed the proceedings. The contemnors and their counsel were informed that the Court was unable to accept their request for adjournment for eight weeks, but that the proceedings would be adjourned till 3rd 0ctober,1991, so as to enable the contemnors to file their reply to the show cause notice by 12.00 noon on that date. It was also directed that the arguments in the matter will commence at 1.45 p.m. on the same date. (19) On 3.10.1991. Mr. R.K. Sharma filed his affidavit in reply to the show cause notice. Six other contemnors merely filed a reply, unsupported by any affidavit. The arguments were advanced by Mr. R.L. Tandon, Advocate, and the case was adjourned for the following day. On 4.10.1991, when the Court assembled, Mr. Tandon, Advocate, submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allegations on the contemnors so that they know what are their transgressions; we have given them an opportunity by a show cause notice to put in their reply; we have given them opportunity to get the legal advice although they are all lawyers; we have further given them an opportunity to make their statements in the Court; we have permitted them to be represented by advocates. (23) This is not a case of a spontaneous emotional outburst of a litigant, disappointed by an unfavorable verdict. This is not a case of ill-advised workmen protesting against a judgment gone in favor of the management. This also is not a case of a group of women well-meaning but misguided, who after hearing a judgment of acquittal in a bride burning case, choose to express their frustration through shouting. In these illustrative cases there is a spontaneous reaction of common people not acquainted with the judicial process and procedure.On the other hand we have here, a group of lawyers, who are the officers of the Court, admitted to the privilege of representing needy litigants and bound by high standards of professional ethics, obstructing the administration of justice and compelling the Judges sitti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . They have great devotion and buoyant spirit and have committed themselves to pursue the legal career as social service. They feel completely uprooted with the prospect of a threat of collapse of the institution at the hands of a very small number of the lawyers community.The comparatively senior members of the Bar who have contributed to the glory of the High Court by dint of their hard labour and legal acumen received a rude shock. (29) The District judiciary is really bearing the brunt of frequent strikes and stoppages of work. They are under continuous pressure from the organized groups of district lawyers. They may feel that sufficient protection is not made available to them by the High Court although the High Court has a supervisory control over District Judiciary. They are now looking to the High Court for giving the lead. (30) We can also not ignore the impact of such incidents on the administrative staff of the High Court and the District Court, the litigating public and the Police that have witnessed the onslaught on the courts. They were dazed to see the near complete collapse of the judicial administration on 26.9.91. (31) We are clearly aware that the contem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to adjourn the hearing on one ground or another. It was stated by Shri Rajiv Khosla that he wanted to engage Shri Ram Jethamalani, who was out of station. Till the hearing was concluded on 3.10.1991 the tone of the arguments was not of repentance or regret, but was of challenging the proceedings. On the contrary, Shri B.D. Kaushik and Shri Rajiv Khosla affirmed the contents of the memorandum dated 21.9.1991 and stated that they stand by it Shri Kaushik admitted that he read the memorandum aloud in Chief Justice's Court. However, the statements recorded in the first part of the day on 4.10.1991 were a sudden somersault, Shri B.D. Kaushik stated: I as President of the Delhi Bar Association own moral responsibility of the events which took place in various courts on 26th September , condemn the same. It is regretted. I further state that we will try our level best not to repeat such an incident in future and there will be no recurrence. (35) A similar statement was made by each of the contemnors, who were the office bearers of the Delhi Bar Association, Tis Hazari, in their capacity as the office bearers. The statement was made by Shri Jatan Singh and Shri P.S.Rathee, who ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the memorandum contains highly contumacious language. We further note that the strike in Tis Hazari Courts is still going on. (39) Even if it is assumed that the apology is sincere, we are not satisfied that we should accept the apology on the facts of the present case and particularly because of the extreme gravity of contempt committed by a group of lawyers in predetermined manner. (40) We cannot but express our deep displeasure with the prolonged indefinite strikes in district courts and high courts. One of us, Wadhwa J had in the past eloquently commented on the continued strike by Tis Hazari lawyers after the alleged charge by the police officers in Tis Hazari compound. As citizens lawyers are entitled to democratic protests, but the limits of protests are crossed when the strikes are continued for indefinite period. Such strikes may become illegal in different circumstances. The right to practise and exclusive privilege of audience given by Section 29 and Section 30 of the Act cannot be unreasonably utilised to the detriment of the Society. If the other lawyers are not allowed to appear in the court or obstructed when they are arguing the matter in the Court, that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould not be accepted. In 1979 Crl.L.J 412 the Division Bench of the Allahabad -High Court has held that where the prestige and dignity of the Court is affected, apology cannot be accepted. In the Supreme Court has warned that it would be a travesty of justice if its gross contempt goes unpunished. (43) WITH regard to apology in proceedings for contempt of Court, it is well-settled that an apology is not a weapon of defense to purge the guilty of their offence; nor is it intended to operate as a universal panacea, but it is intended to be evidence of real contriteness . (M.Y. Shareef Anr. vs. The Hon'ble Judges of the High Court of Nagpur and Ors. . (44) The tendency of maligning the reputation of Judicial Officers by disgruntled elements who fail to secure the desired order is ever on the increase and it is high time it is nipped in the bud. And, when a member of the profession resorts to such cheap gimmicks with a view to browbeating the judge into submission, it is all the more painful. When there is a deliberate attempt to Scandalize which would shake the confidence of the litigating public in the system, the damage caused is not only to the reputation of the conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olding that the contemnors have committed gross and outrageous contempt of Court, we find it difficult to persuade ourselves to the operative part of the order in the said judgment. Since we have held that the apology is not bonafide and not acceptable, we direct that the contemnors, viz. S/s. B.D. Kaushik, Rajiv Khosla, R.K. Sharma, Jugal Wadhwa, R.N. Vats, Jatan Singh and P.S. Rathee, should undergo simple imprisonment for one month and shall pay a fine of ₹ 2000.00 each. D.P. Wadhwa, J. (48) Prestige of the court has to be maintained at all costs otherwise very democratic system as enshrined in the Constitution will suffer. Lord Denning in Morris v. Crown Office, (1970) 2 Qb 114, dealing with the argument that sentences imposed were excessive, said as under :- I do not think they. were excessive, at the time they were given and in the circumstances then existing. Here was a deliberate interference with the course of justice in a case which was no concern of theirs. It was necessary for the judge to show-and to show to all students ever where- that this kind of thing cannot be tolerated. Let students demonstrate, if they please, for the causes in which they believe. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opped functioning. Prestige of the court has suffered a severe battering at the hands of these persons. Contempt in this case is serious enough to merit imprisonment and find. I would have even thought of going to the extent of injuncting these contemners from appearing in the High Court and all of the Courts and Tribunals throughout the Territory of Delhi over which this Court has superintendence under Article 227 of the Constitution for a certain period. There cannot be any soft peddling on this issue, the apology which these contemners tendered is no apology either in law or on the facts of the case. It was tendered in the presence of hundreds of lawyers which had Jam packed the court room and demonstrably it was not an honest apology. My brother Jaspal Singh, J. has given quite a graphic description of how the apology came about. I would unhesitatingly reject the apology. (51) In the context of what transpired in court, it will be appropriate to quote Salmon, L.J. in Jennison v. Baker (1972) 1 All E.R. 997);- Contempt of court is an unfortunate and misleading phrase. It suggests that it exists to protect the dignity of the judges. Nothing could be further from the truth. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sitive exercise of discretion and not a routine or mechanical prescription acting on hunch. In my view the punishment to the contemners in the present case must be an quintessence for others so that it creates an awe not only in the mind of contemners alone but in the mind of others also and deter them from committing such an act again. (55) While presiding over a Committee constituted under the Commissions of Inquiry Act, 1952 for going into the incident of lathi charge on the lawyers and other incidents in Tis Hazari Courts premises which led to a long strike by the lawyers I had occasion to delve upon the aspect of the strike by the lawyers and conduct of some of them in Delhi High Court and the Supreme Court. I said as under:- THISconduct, by a section of lawyers, to my mind, is highly reprehensible. A certain amount of militancy is discernible these days among sections of the lawyers' community. Militancy has no place in the legal profession committed to the rule of law. Courts are just limping along these days with a terrible backlog of cases. There are many factors for this but one nevertheless being the frequent strikes by lawyers. Strikes by lawyers have become alm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. But, then at the same time the authorities concerned have also to be responsive and must immediately come forward to resolve the complaints of the lawyers. (57) Since then three has been no let up in the strikes by the lawyers. Situation has rather worsened. At times one does hear the voices of reason, but these are drowned in the din of strike calls. I Many a times cause of strikes is quite unrelated to the cause of administration of justice. Time has come for introspection. I can, therefore, only reaffirm my views with a great deal of sorrow. (58) With these observations I will agree with the order to conviction and sentence imposed by Wad, J. Sunanda Bhandare, J. (59) 26TH September 1991 was a sad day when the rule of law, the sheet-anchor of our constitution was given a severe jolt, the majesty of law was blatantly violated and the court was subjected to indignity. All this was done, astonishingly, by lawyers, claiming to be members of Delhi Bar Association led by the Contemners. I wish this Court had been spared this disgrace. The painful events have been aptly described by my brother Judges in their respective judgments which I have had the privilege to read. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. Timely action is necessary in order that discipline is maintained and administration of justice which is a primary duty of the court is carried on unhampered. In recent times there has been a sharp fall in ethical standards at all levels. Soft attitude towards your own community encourages indiscipline and leads to further erosion of Standards. I am fortified in my view by the observations of the Supreme Court in M.B. Sanghi, Advocate vs. The High Court of Punjab Haryana Ors. where Ahmadi, J has observed thus : When there is a deliberate attempt to scandalise which would shake the confidence of the litigating public in the system, the damage caused is not only to the reputation of the concerned Judge but also to the fair name of the judiciary. Veiled threats, abrasive behavior, use of disrespectful language and at times blatant condemnatory attacks like the present one are often designedly employed with a view to taming a judge into submission to secure a desired order. Such cases raise larger issues touching the independence of not only the concerned judge but the entire institution. The foundation of our system which is based on the independence and impartiality of those ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed path of duty. Institutional perspective demands that considerations of populism are not allowed to obstruct the path of duty. We, therefore, cannot take a lenient or indulgent view of this matter. We dread the day when a Judge cannot work with independence by reason of the fear that a disgruntled member of the Bar can publicly humiliate him and heap disgrace on him with impunity, if any of his orders, or the decision rendered by him, displeases any of the Advocates appearing in the matter. (62) In the present case as well I do not think that unmerited leniency at the cost of discipline and principle is called for. For the aforesaid reasons, I agree with Wad, J. Arun B. Saharya, J. (63) Gross and blatant contempt committed by the contemners, aided and abetted by other members of the Delhi Bar Association, undoubtedly deserves severe condemnation and conviction. Saving grace, to some extent, if at all, was self-condemnation of the sin by the contemners individually and collectively on 4th of October 1991. Should it have ended at that stage, I would have taken a lenient view. But, the fond hope that the tide will ebb and better sense prevail, aroused by the expression of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the judiciary in the administration of justice according to law. (69) A member of the Bar owes a duty to his client to place his case before the Court. At the same time, he owes a duty to the Court in which he is engaged. He must uphold the dignity and decorum of the Court and must not do anything to bring the Court itself into disrepute. Above all, he has the privilege to belong to a noble profession dedicated to the administration of justice. (70) Indeed, what is expected of an advocate is beautifully stated in the preamble to Chapter Ii laying down standards of professional conduct and etiquette in Part Vi of the Rules framed by the Bar Council of India in the exercise of its rule-making powers under the Advocates Act, 1961. Here, it may be useful to extract the relevant portion. It reads:- An Advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an advocate... (71) Strike by me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the subordinate judiciary, and the same majority of members of the Bar, that the High Court will take cognizance of every criminal contempt committed by any one, in any form, related to their respective and complimentary participation in the administration of justice according to law, and punish the same as contempt of itself. (76) In this background, I find it unrealistic to isolate for consideration the incident of 26th of September 1991 from the on- going strike at the District Courts by the Delhi Bar Association. The object and effect of the strike, the nature of the contempt, and even the persons responsible for it are all the same. Indeed, the strike there and the incident here formed part of the same design. In these peculiar and compelling circumstances, the subsequent events that have taken place, while our judgment was reserved, cannot be overlooked. They have to be taken into consideration to decide how to tackle the overall situation confronting the High Court. Here, the principles of criminal jurisprudence which direct exclusion from consideration subsequent events do not stand in our way. Contempt is suigeneris. It calls for treatment quite separate from the trea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cases in which parties were present and wanted to argue their cases personally. Almost all the Judges had to retire to their Chambers. There was almost total paralysis of judicial work. The very survival of the judicial system was at stake. The acts of group of lawyers were frontal blow to the institution of judiciary. I had the advantage of reading the proposed opinions of the learned Chief Justice and brother Wad J. With utmost respect I find it difficult to concur with the opinion of learned Chief Justice. (81) In response to snow cause notice issued to the contemners, in terms of orders dated 27th September, 1991, firstly, the contemners fully and whole heartedly contested the matter. The orders made and statements recorded on 1st , 3rd and 4th October 1991 are eloquent testimony of the manner in which the regret and so called apology came to be tendered and no further elaboration is necessary. The lengthy application filed in court on 1st October 1991 also speaks for itself. In statements recorded on 1st October 1991, there is no remorse, no regret. The position was same on 3rd October 1991. On 4th October 1991, two of the contemners first filled applications seeking adjou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity of the circumstances, this court cannot adopt an attitude of unwarranted leniency at the cost of principle. It is always easy to show magnanimity and to pursue populist line of showing uncalled for indulgence rather than to adhere to the nail studded path of duty. Bearing in mind the outrageous conduct of the contemners, the gross contempt which they committed and the fact that the acts were preconceived, the populist line of showing over indulgence and magnanimity would not subserve the ends of justice but would amount to giving a license to contemners to repeat such incidents. Accordingly, this Court has to perform the painful duty of directing imposition of imprisonment and fine on the contemners. It is necessary to adopt this course with a view to uphold the honour and dignity of institution. I am in complete agreement with Wad J. Anil Dev Singh, J. (85) I have had the advantage of going through the various judgments proposed by my Lord the Chief Justice and some of my learned brethren and find myself in respectful agreement with their finding that the contemners are guilty of having committed grave contempt of this court. I cannot but help observing that the contemn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an orderly society and enforcement of its rights. Let the contemners and their co-professionals ally themselves for enhancing the image and the respect of the courts. It cannot be gainsaid that there is colossal problem of arrears. Can the backlog of cases be cleared by preventing the courts from discharging their function? Does it not amount to refuelling what all of us seek to eradicate? These are the few points on which the legal community should ponder. (86) Having regard to the nature and gravity of the contempt committed by the contemners, I am inclined to agree with the sentence proposed by learned brother S.B. Wad, J. but the question is should the contemners be asked to serve the term of imprisonment? In this regard it is to be noted that the contemners on October 4, 1991 expressed regret for their conduct. Each one of them stated that his expression of regret tantamounts to an apology. Mr. Tandon, learned counsel appearing on behalf of the contemners, under instructions of his clients, categorically and unequivocally admitted that the statements of the contemners amount to an unconditional and unqualified apology. He further submitted that the apology was volu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cing court by shouting slogans, scattering pamphlets and singing songs, suspended the same and observed as under : Ihold, therefore, that a judge of the High Court still has power at common law to commit instantly to prison for criminal contempt, and this power is not affected in the least by the provisions of the Act of 1967. The powers at common law remain intact. It is a power to fine or imprison, to give an immediate sentence or to postpone it, to commit to prison pending his consideration of the sentence, to bind over to be of good behavior and keep the peace, and to bind over to come up for judgment if called upon. These powers enable the judge to give what is, in effect, a suspended sentence. I have often heard a judge say at common law, for ordinary offences, before these modem statutes were passed : I will bind you over to come up for judgment if called upon to do so. Mark you, if you do get into trouble again, you will then be sentenced for this offence. I will make a note that it deserves six months imprisonment. So that is what you may get if you do not accept this chance. That is the common law way of giving a suspended sentence. It can be done also for contempt of co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. (94) On the very first day when the respondents put in appearance in response to the show cause notice, total defiance was in the air. One could not discern even a tiny speck of remorseness. It was made clear to us that the notice was intended to be contested. Every effort was made to get the matter postponed, not to think and ponder, not to reflect and recant, but to arm them further to meet the charge. And this attitude continued till the last day of the proceedings. The legality of the notice was challenged. The allegations were refuted. The liability was denied. We were warned that the matter involved not seven but seven thousand and not less openly that it would lead to a confrontation between the Bench and the Bar. So surcharged was the atmosphere that even one and the only respondent who had filed his affidavit (Mr.Rajinder Sharma) wasted no time in getting up and telling us that he was withdrawing the same. Only the timely stem advise of his counsel made him resume his chair. (95) It was, however, October 4 which was a day of farce. There were again requests for adjournment. First on the ground that Mr. Jethmalani, Senior Advocate was not available. Secondly, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atement again invited a volley of questions. Obviously, their aim was again the same . Finally, after a loss of about 45 minutes which, I suspect, must have left some of us breathless, came the further statement from Mr. Khosla that by the word regret he meant apology . Five more contemners followed suit. The odd contemner out, Mr. Rathee, refused to adulterate the word regret or dilute, in any manner, his earlier statement of regret, and all this despite the fact that some of the lawyers had rushed to him and had under the glare of everyone present, coaxed and cajoled him to fall in line with the others. It was only when one of them almost physically lifted him from his seat and directed him to say yes , that the pearls Yes, My Lords fell from his teeth. It was then left to the ingenuity of Mr. R.L. Tandon, to polish the pebble and present it as a diamond. (96) Was it then, an apology? (97) Apology is a speech of the heart. Remorse is its seed. It is nourished by atonement and sustained by some spiritual essence. It is a state of grace. Was it then, an apology? The sequence of events and the proceedings lay bare the truth. And-the truth is that it was not an apology ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s imprisonment and had actually undergone, in consequence thereof, six days imprisonment. In appeal due to change in circumstances they were directed to furnish bonds for good behavior and keeping of the peace. Significantly the sentence of six months awarded by the trial judge was held to be not excessive as it was necessary for the judge to show and to show to all students everywhere - that this kind of thing cannot be tolerated. To what extent the ingredients provided by the judgment have been used and what is the outcome, I would rather not comment upon. ; I leave it to the Connisseur. However, I do feel bound by my sense of duty to say a few words on the following operative portion of the proposed order: In case any of them repeats any act which tantamounts to contempt of court or undermining the judicary, he will be called upon to appear in court to receive the sentence. (103) The use of conjunction or clearly implies that what we know as contempt of court is different from undermining the judiciary . As acts undermining the judiciary would also, as per the order, invite the passing of sentence, and as, if I am not wrong, the expression is a new addition to Crim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appropriate and detailed replies to the notice dated 27th September, 1991. They also made the respective statements. It will be relevant to quote the statement of Shri B.D. Kaushik which reads as follows :- Q. You have been issued a show cause notice. What have you to Say ? A. I stand by the memorandum dated 21st September, 1991 which was presented to the Chief Justice on 24th September, 1991 and read in Court on 26th September, 1991. Whatever is written in the memorandum is the correct statement. (107) Similar statement was made by Shri Rajiv Khosla whereas, the other contemners asked for time to engage lawyers to prepare their defense. They were granted time until 12 O'clock on 3rd October, 1991 to file their affidavits and the hearing was to commence at 2 P.M. on the same day. (108) The matter was argued on 3rd October, 1991 when the same was adjourned to 4th October, 1991 for further hearing. Meanwhile, I may refer to the affidavit filed by contemner Shri Rajinder Kumar Sharma on 3rd October, 1991. The relevant paragraphs may be read as follows :- That the deponent is the Vice-president (Civil) of Delhi Bar Association. And the deponent has been practicing as an Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is humbly prayed that the apology may kindly be accepted. Shri Tandon chose to make no further submissions and the judgment of the court was reserved. (111) The only question which survives for consideration of the court is whether the apology tendered by the contemners can be accepted and on that basis, they are entitled to discharge. There is no doubt that the events which happened in the 'court premises as well as in the court rooms on 26th September 1991 amounted to gross contempt of court and the contemners aided and abetted by other Advocates interfered and obstructed in the administration of justice. The law is also settled that willingness of the contemners to apologies would offer no promise or inducement that if they apologise, the court will take a lenient view of the matter. It will, however, be necessary to refer to some decided cases on the subject to arrive at fair and just conclusion taking into view the circumstances of the present case. (112) In Rizwan-Ul-Hasan and another v. State of Utter Pradesh reported as , the Hon'ble Supreme Court laid down the broad proposition of law that the jurisdiction in contempt is not to be invoked unless there is rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y judgment of the High' Court that these counsel in their long career at the Bar have ever been disrespectful or discourteous to the Court in the Past. This one act of indiscretion on their part in signing the application should not have been viewed in the very stringent manner in which the High Court viewed it in the first instance and viewed it again after we had sent the case back to it. (114) In R.K. Garg, Advocate v. State of Himachal Pradesh the Supreme Court dealt with the contemner who hurled his shoe at the Trial Judge in other to effectively overawe him and to bully him into accepting his submission. The High Court awarded him the maximum sentence of 6 months' simple imprisonment and a fine of ₹ 200.00 . The Hon'ble Supreme Court considering the apology of the contemner reduced the sentence to a period of one month but the fine was enhanced from ₹ 200.00 to ₹ 1000.00 . During the course of arguments, it was sought to be emphasised about the so called conflict between the Bench and the Bar. indeed, such a feeling is imaginary as there is no conflict between two wings of the same system. Chandrachud C.J. very lucidly referred to the relatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, being a mode of vindicating the majesty of the law, in its active manifestation, against obstruction and outrage.' There is no doubt that what happened on 26th September, 1991 in this Court was extra-ordinary which justified the issuance of contempt notice to the contemners. It was an attack on the Institution which justified the issuance of contempt notice to the contemners. It was an attach on the Institution which would lower the image of the judicial system and thus cause obstruction in the administration of justice which is a very valued basis for the democracy to survive. I The court can always ignore personal attacks or innuendoes by a lawyer against a Judge, with a view to provoking him, aggravate what may be an obstruction to the trial and the Judge in sitting in judgment on such a misbehaving laywer, should not himself give vent to personal spleen or respond to a personal grievance. In such a case the Judge may, without flinching from his duty, properly ask that one of his fellow Judges take his place in deciding the contempt matter.' (DORSEY K. Offutt, Attorney, petitioner v. United States Of America, United States Supreme Court Reports, 99, Law Ed. OCT. 195 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14: (Let students demonstrate, if they please, for the causes in which they believe. Let them make their protests as they will. But they must do it by lawful means and not by unlawful. If they strike at the Courts of justice in this land- and I speak both of England and Wales - they strike at the roots of society itself, and they bring down that which protects them. It is only by the maintenance of law and order that they arc privileged to be students and to study and live in peace. So let them support the law and not strike it down.' These observations are very apt in the present case. The lawyers are privileged to belong to that class and it is their duty to abide by the highest traditions which have been universally accepted to uphold the dignity of law and maintain public order. They cannot strike at the roots of the system which they are under legal and moral obligation to protect. (120) The contemners have owned moral and personal responsibility of the events which took place in various Courts on 26th September, 1991 and condemned the same. They have tendered unconditional and unqualified apology and their counsel Shri R.L. Tandon did not choose to make any further arg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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