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SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Abhay S. Oka, JJ.
Municipal Council Tikamgarh – Appellant
Versus
Matsya Udyog Sahkari Samiti & Ors. – Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 18820 of 2022 (Arising Out of impugned final judgment and order dated 05-08-2022 in WA No. 844 of 2022 passed by the High Court of M.P Principal Seat at Jabalpur)
Decided On : 05-12-2022
Contempt - Apology - Responsibility of Advocate-on-Record - Additional Affidavit - [Contempt] - [Advocate-on-Record] - [Not specified] - The court perused the affidavit in reply to the suo moto contempt petition and found that the contemnor had submitted an unconditional apology. The court cautioned the Advocate-on-Record to be careful in the future and allowed the filing of an additional affidavit.
Fact of the Case:
The court perused the affidavit in reply to the suo moto contempt petition filed by Mr. Vijay Singh, Assistant Accountant through his counsel. The contemnor submitted an unconditional apology arising from the portions found offensive by the Court.
Finding of the Court:
The court found that the contemnor had apologized and that an appropriate application would be filed seeking deletions of the objectionable paragraphs. The court also cautioned the Advocate-on-Record to be careful in the future and allowed the filing of an additional affidavit.
Issues: The issues involved the submission of an unconditional apology by the contemnor and the responsibility of the Advocate-on-Record in verifying the complete petition before filing.
Ratio Decidendi: The court's decision was influenced by the submission of an unconditional apology and the responsibility of the Advocate-on-Record in verifying the complete petition before filing.
Final Decision: The court allowed the filing of an additional affidavit and listed the case for the reopening week in the month of January, 2023.
ORDER
1. We have perused the affidavit in reply to the suo moto contempt petition filed by Mr. Vijay Singh, Assistant Accountant through Mr. Mrigank Prabhar, learned counsel, who has deposed in support of the petition. It is stated by him that his knowledge and exposure to the English language is limited considering the background from where he comes. He further averred in para 8 that insofar as pleadings relating to the imputation of motives on the High Court were concerned, though the contemnor cannot plead ignorance, he was briefed by the office of Mr. M.L. Sharma, Advocate seeking to inform him that this was based on some judgment of this Court and he was not in a position to question the same.
2. Learned counsel appearing for him further states that an appropriate application will be filed seeking deletions of the objectionable paragraphs. He has submitted an unconditional apology arising from the portions found offensive by this Court which has given rise to the suo moto contempt petition. Let him file an appropriate application.
3. An affidavit has also been filed by Mr. Deepak Goel, AOR. While apologizing he submits that it happened inadvertently. We find it little difficult to accept the reason as there is responsibility on Advocate-on-Record before penning down his signatures. Mr. M.L. Sharma has drawn the petition and it was his bounden duty to have verified the complete petition before performing the task of what has been filed under his signatures. This is not only a learning experience for him but for other AORs who may tend to pen down signatures without reading what they are filing.
4. We thus caution him to be careful in future looking to the responsibility of an AOR.
5. He may file an appropriate application as the deponent in support of the petition seeks to make.
6. Mr. M.L. Sharma, prays for need to file additional affidavit and he may do the needful within a week.
7. List in the reopening week in the month of January, 2023.
The main legal point established in the judgment is the acceptance of an unconditional apology in a contempt case and the responsibility of the Advocate-on-Record in verifying the complete petition b....
The main legal point established is that an apology is not a defense to absolve the contemnor from guilt, and the conduct of the contemnor must demonstrate real contriteness to avoid contempt of cour....
Unconditional apology and good faith can lead to dismissal of contempt proceedings.
A member of the legal profession must act with integrity and responsibility, and allegations of contempt must be substantiated by clear evidence of willful disobedience to a court order; frivolous co....
The act of fabricating and filing documents on behalf of the Union of India by an individual constitutes criminal contempt and is punishable under the Contempt of Courts Act.
Solicitors must verify witness statements before filing; failure to do so constitutes contempt of court, regardless of the admissibility of such statements at trial.
Unconditional apologies can mitigate witness misconduct, but the court may still impose penalties to deter unruly behavior.
Acknowledgment of contempt and acceptance of unconditional apology leads to case closure without penalties.
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