Back
2022 Supreme(SC) 506
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, BELA M. TRIVEDI, JJ.
P.R. Adikesavan – Appellant
Versus
The Registrar General, High Court of Respondents Madras and Another – Respondents
Criminal Appeal No 847 of 2022
Decided on : 23-05-2022
For the Appellant(s) :K.K. Mani, T. Archana, Vinay Rajput, Advocates
IMPORTANT POINT
Contempt of Court – Contemnor has no respect for administration of justice, must be punished to uphold dignity of Court.
Headnote:
Contempt of Courts Act, 1971 – Section 2(c)(iii) read with Section 12(1) – Contempt of Court – Conviction and sentence – Behaviour and conduct of appellant who is a member of Bar has been thoroughly contemptuous – There was a clear attempt to obstruct process of justice when non-bailable warrant was sought to be served on him by the competent police officials, which has been recorded in video footage – Appellant is complicit in obstruction of justice – Five adjournments were sought by appellant before Madras High Court, delaying conclusion of proceedings only to later file sub-applications imputing allegations against two Judges of Madras High Court – Appellant later also took back sub-applications from Registry and did not re-present them – Appellant has no respect for administration of justice – Finding of contempt as well as sentence cannot be regarded as disproportionate – Similarly, debarment from practising for a period of one year is in accordance with Judgment of Apex Court in R.K. Anand Vs. Registrar, Delhi High Court, (2009) 8 SCC 106 – Appeal dismissed. (Paras 7, 8 and 9)
Facts of the case:
Present appeal arises from the judgment dated 25 March 2022 of a Division Bench of the Madras High Court convicting appellant under Section 2(c)(iii) read with Section 12(1) of the Contempt of Courts Act, 1971 and sentencing him two weeks of simple imprisonment.
Findings of Court:
Wanton allegations have been levelled against the Single Judge of Madras High Court who issued the non-bailable warrant. Further, recusal was sought of one of the Judges hearing the proceedings thereafter on thoroughly improper grounds.
Result : Appeal dismissed.
JUDGMENT :
Dhananjaya Y. Chandrachud, J
1. The appeal arises from the judgment dated 25 March 2022 of a Division Bench of the Madras High Court convicting appellant under Section 2(c)(iii) read with Section 12(1) of the Contempt of Courts Act 1971 and sentencing him two weeks of simple imprisonment.
2. Insolvency proceedings were initiated against the appellant under the provisions of the Presidency Towns Insolvency Act 1909. On 12 March 2021, a Single Judge of the Madras High Court issued a non-bailable warrant seeking the presence of the appellant on 26 March 2021. On 31 March 2021, when a team of the police tried to execute the warrant, the appellant and fifty other advocates gheraoed the police and prevented them from executing the order. The Deputy Commissioner of Police brought the incident to the notice of the Registrar General of the Madras High Court by a letter dated 13 April 2021. On perusing the video clippings of the incident the Single Judge of the Madras High Court by an order dated 14 July 2021, initiated contempt proceedings against the appellant under Section 15 of the Contempt of Courts Act 1926. The order of the Single judge is extracted below:
“4. This Court has also seen the entire footage starting from the time the Police informed the respondent about the orders of this Court and thereafter, how the respondent and one of his Advocate friend had started questioning the Police Personnel and the respondent has not paid heed to the Inspector of Police’s statement that he is only executing the orders of this Court. The Police report would also state that the respondent’s counsel Mr. Balasubramaniam had arrived and he also started abusing the Police. The video footage shows his presence. Thereafter, the scene has totally turned ugly and in one footage, I saw two Advocates trying to pull out a Police Officer using abusive and unparliamentary words. The entire scene is enacted on the public road just outside the Court premises in full public view. This is nothing but obstructing the administration of Justice. The act becomes all the more contumacious as the respondent and the others who are members of the noble profession have committed this act. They are bound to respect not only the dignity of this Court but also the orders of this Court.
5. The respondent who was fully aware of the pendency of the proceedings had deliberately not appeared before this Court constraining the Court to issue the Non-Bailable Warrant. A prima facie case of Contempt is made out against the respondent and Mr. Balasubramanian, Advocate for obstructing the Police Officials from executing the orders of this Court. This Court takes cognizance of the act of Criminal Contempt committed by them.”
3. On 1 September 2021, a Division Bench of the Madras High Court on perusing the records found that a prima facie case has been made out against the appellant and issued notice. On 26 October 2021, the Court framed the following charge against the appellant:
“That, you, Mr. PR Adikesavan, Advocate and Mr. Balasubramanian, Advocate, by your aforesaid conduct, in not permitting the execution of the Non-Bailable Warrant issued by this Court on 31.03.2021, has interfered with the administration of justice and has also obstructed the administration of justice, thereby, you are charged under Section 2(c)(iii) of the Contempt of Courts Act 1971, which is punishable under Section 12 of the Act, ibid.”
4. The proceedings were adjourned by the Division Bench on five occasions at the behest of the appellant. 1[The matter was adjourned on 23.11.2021, 30.11.2021, 21.12.2021, 24.1.2022, and 14.2.2022.] The Bench finally adjourned the case and listed it on 28 February 2022. However, the appellant filed ‘sub-applications’ before the next date of hearing. The sub-applications were listed along with the contempt petition on 28 February 2022 before the Division Bench. The appellant submitted that he had filed sub-applications and made a representation to the Chief Ju
