TMI Blog2002 (8) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... hieving the objectives as enshrined in the Constitution. 2. Coming to the facts of the matter under consideration, an Advocate of Jaipur District Court slapped a Magistrate in the open Court upon using most abusive and unseemly language - the reason being his application for exemption from appearance was disallowed by the Court and issuance of a non-bailable warrant. Incidentally, be it placed on record that there was a criminal proceeding pending in which the concerned Advocate being the appellant herein was an accused and on a date when the matter was fixed for hearing the concerned accused left the Court without permission from the Court by simply taking recourse to an application for exemption from appearance and without waiting for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, and started to say How you dared, to disallow our application for exemption of our presence . I told to him that Ashok Kumar Agarwal has not passed any order in his personal capacity, but the court has passed the orders even then keeping in view of your intention I will try to consider your case on the next date of hearing: but Shri Surana refuted and continued to abuse: I absolutely kept mum and continued to convince Shri Surana in good manner and Shri Surana in the words of threatening told that I will make complaint to D.J. Saaheb, upon this I told that whatever legal remedy is available with you, you are free to do such proceedings, upon this Shri Surana remained in the Court, and in very high speed continued to abuse, and tried to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Jaipur filed a criminal contempt petition (No. 5295/93) against Mr. Prem Surana, advocate. The case was also referred to the same Bench and notice was issued in the second matter as well. The High Court, however, upon consideration of the matter in its entirely came to a conclusion that the act on the part of the appellant herein amounts to lowering the authority of court in the public eyes as also interference with due course of judicial proceedings and thus amounts to scandalising the court. It was not a slap on the face of a Magistrate, but a slap on the judicial authority itself. The act squarely stands covered within the four corners of the definition of 'criminal contempt'. The High Court while dealing with the matter referr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court recorded that Mr. Prem Surana has only tried to play with the word 'apology' in Court like a football in the playground. It shocks the conscience of the Court . 10. The High Court went on to observe that the prime responsibility of the Court is to keep the fountain of the justice pure. Nobody should be allowed to tarnish the image and the majesty of the Court. Howsoever high he may be or whosoever he may be. Of course, aberrations by lawyers in Court are generally ignored but when it goes to lowering the image of the Court, serious action is to be taken. Having regard to the totality of the circumstances and particularly to the outrageous conduct of Mr. Prem Surana by abusing and slapping the Magistrate in court, showi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in such an act. It has been contended that the appellant is remorseful and even prepared to furnish an undertaking of good behavior in Court for next five years. Significantly, however, when the apology was tendered before the High Court, the same was not accepted on the ground that the same was not genuine or bona fide. In any event, assuming we are persuaded here to accept an undertaking - would that by itself obliterate the offence - the answer cannot, however, be in the affirmative. 14. The introduction of the Contempt of Courts Act, 1971 in the statute-book has been for the purposes of securing a feeling of confidence of the people in general for due and proper administration of justice in the country. Undoubtedly, a very powerful ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Justice delivery system in the country and as such question of acceptance of any apology or an undertaking does not and cannot arise, neither there can be any question of any leniency as regards the sentence. 18. The High Court, in our view, has dealt with the matter in its proper perspective and we do feel it expedient to record our concurrence with the observations and conclusions as also findings of the High Court. 19. In that view of the matter, this appeal fails and is dismissed. 20. The bail as granted by this Court on an earlier occasion stands cancelled. The accused - appellant who is present in the Court be taken into custody immediately for undergoing remaining period of sentence. The appropriate police authorities to l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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