The Supreme Court recently issued contempt of court notices to two advocates who alleged that a Rajasthan High Court judge pressured them to withdraw their case. (Suman and ors v. State of Rajasthan and anr)
A Bench of Justices BR Gavai and Sandeep Mehta issued show-cause notices to the Advocate-On-Record (AoR) and the arguing counsel for obstructing the functioning of proceedings before the apex court.
“While we are dictating the order Mr. R.K. Rathore, learned counsel, tried to obstruct the functioning by interrupting every now and then. Even after the order is passed, he has started making gesture exhibiting surprise for the order that we have passed. Issue notice to Mr. R.K.Rathore, also,” the Bench stated.
The AoR in the case was one Kuldip Singh.
Justice BR Gavai and Justice Sandeep Mehta
The petitioners had stated that they were pressured by Justice Anil Kumar Upman of the Rajasthan High Court to withdraw their plea filed under Section 482 of the Criminal Procedure Code (CrPC).
“The averments so made, in our view, are contemptuous in nature,” the apex court, however, held.
It is settled law that a lawyer who subscribes his signature to a contemptuous observation is equally guilty for committing contempt of court, the Bench added.
The Court eventually issued notices to the two lawyers as well as the person who affirmed the pleadings in question, calling upon them to show cause as to why an action for committing contempt of the Court be not initiated against them.
The notices have to be responded to within a month.
The hearing on March 15 had seen a heated exchange among the counsel and the Bench.
“This is not the way. Hum log aap se sikhte hain [We learn from you]”, Rathore had said.
“We are exercising our restraint. What gestures you were making once we began dictating order!” Justice Gavai thundered back.
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