The Court has the authority to punish individuals for contempt of court and to issue notice of contempt in response to scandalous allegations against the members of the Bench.

ORDER

1. By a judgment dated 12th March, 2019 in National Lawyers Campaign for Judicial Transparency and Reforms & Ors. v. Union of India and Ors. (Writ Petition (C) No. 191 of 2019), this Bench held that Shri Mathews Nedumpara, Advocate has committed contempt in the face of the Court. In the interest of justice, however, notice was issued to Shri Nedumpara as to the punishment to be imposed upon him for committing contempt in the face of the Court.

2. Shri Nedumpara appeared today before us both by himself and through Advocate Shri Subhash Jha.

3. In the morning session, Shri Nedumpara did his best to see that the matter was not heard by this Bench. He informed us that a Transfer Petition was filed asking the Chief Justice of India to transfer this case from this Bench to some other Bench. He also stated that he was going to file an application for recall of our order dated 12th March, 2019. He then cited latin maxims and said that justice must be seen to be done. He also referred to the famous Rex v. Sussex Justices case and referred generally to the fact that relatives of Judges should not be seen practicing in the same Court. He later asked the Bench to grant a "pass over" of his matter inasmuch as his lawyer Shri Subhash Jha was on his way from Mumbai. The Bench agreed and placed the matter at 2.00 p.m.

4. At 2.00 p.m., Shri Jha came and addressed us, and pointed out Sections 14 (1) & (2) of the Contempt of Courts Act, 1971 together with section 479 of the Criminal Procedure Code, 1973. He also made various other submissions which the Court reminded him were not on the punishment aspect of this case. He continued, however, arguing as if he was arguing a review petition in the open Court. While Shri Jha was arguing, Shri Nedumpara stepped in again and went on a long ramble as to how he had not in fact impersonated Justice Vazifdar, which is one of the many incidents referred to in our judgment dated 12th March, 2019. At this stage, Shri Nedumpara then tendered an apology to this Court by way of an affidavit duly signed by him in the Court in our presence. The affidavit reads as follows:-

I, Mathews J. Nedumpara, Advocate, aged 60 years, Indian Inhabitant, residing at Harbour Heights, "W" Wing, 12-F, l2th Floor, Sassoon Docks, Colaba, Mumbai-400 005, now in Delhi, do hereby swear and state as follows:-

1. A Bench of this Hon'ble Court comprising Hon'ble Shri Justice Rohinton F. Nariman and Hon'ble Shri Justice Vineet Saran, by judgment and order dated 12th March, 2019, was pleased to hold me guilty for contempt in the face of the Court and list the case for hearing on the question of punishment.

2. I happened to mention the name of Shri Fali S. Nariman to buttress my proposition that even legendary Shri Fali Nariman is of the view that the seniority of a lawyer should be reckoned from the date of his enrolment and nothing else. However, I was misunderstood. I along with some office bearers of the National Lawyers' Campaign for Judicial Transparency and Reforms have instituted Writ Petition No.2199/2019 in the High Court of Delhi for a declaration that the Explanation to Rule 6 of the Bar Council of India Rules is void inasmuch as it explains that the word "Court" does not mean the entire Court, but the particular Court in which the relative of a lawyer is a Judge. I instituted the said petition only to raise the concern many lawyers share with me regarding the immediate relatives practising in the very same Court where their relative is a Judge. In retrospection I realize that it was an error on my part to have arrayed Shri Fali Nariman as a Respondent to the said petition. I regret the same; no words can sufficiently explain my contrition and regret. I also in retrospection realize that I have erred even during the conduct of the above case before this Hon'ble Court and I probably would not have kept upto what is expected of me as a lawyer in the Bar for 35 years and crossed the age of 60. I feel sorry, express my contriti