IMPORTANT POINT
Contempt of Court by Advocate – Unconditional apology tendered by contemnor cannot always dilute his act.

ORDER

K.R. Surana, J.—Heard Mr. T.J. Mahanta, learned senior counsel, and standing counsel for this Court, assisted by Mr. A. Baruah, learned counsel. Also heard Mr. Ziaul Kamar, learned senior counsel, who is the amicus curiae in the matter, assisted by Mr. R.K.D. Choudhury, learned counsel. Also heard Mr. Utpal Goswami, the respondent-contemnor who has appeared in-person.

2. The respondent-contemnor, who is an Advocate by profession, was charged with criminal contempt under Section 14 of the Contempt of Courts Act, 1971. On his appearance, the respondent had filed an affidavit in support of his defence on 17.01.2023 and in paragraph 5 and 6 thereof the respondent contemnor has pleaded guilty of the charge. Some of the statement made by the respondent- contemnor in the said affidavit are extracted below:—

“3. That, I am the accused herein and understand the charge against me as I am a practicing advocate.

4. That, I make my statement whilst in my sound mind and sober senses and make it freely and voluntarily without any undue influence while in sober senses.

5. That I beg to plead guilty in respect of the charges as per the reference made under Section 15(2) of the Contempt of Courts Act, 1971, by the District and Session Judge, Jorhat as stated in the complaint petition in the case in the case Cont. Case (Crl) (Suo Moto): 1/2022 as I came to realize that the respect of the Judges and Magistrates of any Court should be preserved and protected for the establishment of peace, order, harmony and tranquility of human society.”

3. The background facts of the case is that on 30.03.2021, the respondent-contemnor had filed a petition under Section 24 of the CPC for transferring some cases pending in the Court of learned Addl. District Judge (Educational Tribunal), Jorhat to the Court of learned District Judge, Jorhat. In the said petition, the respondent-contemnor had impleaded the then Addl. District Judge, Jorhat by name. When it came to the notice of the learned District Judge, Jorhat that a judicial officer was made a party in the said proceeding, the learned District Judge had interacted with the respondent-contemnor so as to ascertain if any genuine mistake was committed in arraying the concerned judicial officer by name. To the said query, the respondent contemnor had admitted that he had impleaded the judicial officer concerned by name. The Sheristadar i.e. Head Assistant of the Court of learned District Judge, Jorhat had put up an administrative note along with the case filed as per Rule 49(3) of the Civil Rules and Orders of Gauhati High Court, referring to the provision of Section 3 of the Judges (Protection) Act, 1985. Accordingly, the learned District Judge, Jorhat had passed an order on the administrative side, thereby deferring registration of any miscellaneous case and had asked the respondent-contemnor to make necessary corrections in the petition.

4. It would be pertinent to mention that the said petition filed under Section 24 CPC, contains several wherein personal insinuations were made against the Court staff of the concerned judicial officer and against the process server. Moreover, insulting personal insinuations were made upon the concerned judicial officer and above all, ex facie derogatory remark has made against the judiciary in general and the concerned officer in particular. Some of such statements are verbatim extracted below:—

Ground No. (iii)

“That the Additional District Judge Jorhat (name withheld) has been derogating the decorum of the honourable court of Additional District Judge as

(a) That Additional District Judge Jorhat (name withheld) has been presiding the Court by wearing Jewelry like a Model in Ramp.

(b) That Additional District Judge Jorhat (name withheld) at each and every occasion tries to overpower/ depress the Advocates by citing unnecessary case laws and Sections of statutes without hearing the Advocates pleasantly.

(c) That the Additional District Judge Jorhat (name