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1997 Supreme(Del) 35

High Court Of Delhi
COURT IN ITS OWN MOTION - Appellant
Versus
S.K.SINGH - Respondent
CRI.C.P. 1 of 1997
Decided On : 01/07/1997

An advocate's disruptive and disrespectful behavior in court, including shouting at court staff and judges, throwing a file at the court master, assaulting security personnel, and refusing to apologize or offer an explanation, constitutes criminal contempt of court in the face of the court.

Headnote:

CONTEMPT OF COURT - CRIMINAL CONTEMPT - ARTICLE 215 OF THE CONSTITUTION OF INDIA - ADVOCATE'S MISCONDUCT IN COURT - THREATENING AND ABUSIVE BEHAVIOR TOWARDS COURT STAFF AND JUDGES - INTERRUPTING COURT PROCEEDINGS - ASSAULTING SECURITY PERSONNEL - REFUSAL TO APOLOGIZE OR OFFER EXPLANATION - HELD TO BE CRIMINAL CONTEMPT IN THE FACE OF THE COURT.

Fact of the Case:

Advocate S. K. Singh engaged in disruptive and disrespectful behavior in court, including shouting at court staff and judges, throwing a file at the court master, assaulting security personnel, and refusing to apologize or offer an explanation for his actions.

Finding of the Court:

The court found Advocate Singh's behavior to be highly reprehensible and a clear case of criminal contempt in the face of the court, which tends to lower the authority and dignity of the court and interferes with the due course of judicial proceedings.

Issues: Whether Advocate Singh's behavior constituted criminal contempt of court in the face of the court under Article 215 of the Constitution of India.

Ratio Decidendi: The court held that Advocate Singh's actions, including shouting at court staff and judges, threatening and abusive behavior, assaulting security personnel, and refusing to apologize or offer an explanation, clearly amounted to criminal contempt of court in the face of the court.

Final Decision: The court sentenced Advocate Singh to six months simple imprisonment for his contemptuous behavior.

M. Jagannadha Rao

( 1 ) AFTER 1. 15 p. m. today when the Judges were about to rise, Mr. S. K. Singh, Advocate, came in front of the dias and started shouting at the Court Master that the petition should be placed immediately before the Court. He was advised to restrain himself. However, he raised his voice and continued to shout at the Court Master and at the Judges saying that "judicial Officers have sold Challans and yet the Judges of this Court were not taking cognizance of the same". Mr. Singh threw a file at the Court Master. We may here mention that this Advocate was present yesterday and mentioned a matter for urgent hearing, and after perusing the same one of us (Chief Justice) felt that the matter was not urgent and the petition should be presented in the Registry for being listed after the Registry scrutinises the papers.

( 2 ) THE contemnor also shouted saying that corruption is rampant among the Judicial Officers in the lower Courts where challans are sold, and yet his petition filed in the High Court was not being listed.

( 3 ) HE paid no heed to the advice and caution by the Court to restrain himself and continued to shout at the Court that he was not afraid of any one including the Judges and would settle all scores.

( 4 ) SEVERAL Counsel, who were present in Court, attempted to restrain Mr. Singh, but to no avail, and he continued with his tirade. At this stage, we were left with no option, but to call a Police Officer to ensure that Mr. Singh does not grapple with the Court Staff. When a member of the security staff came near Mr. Singh and tried to restrain him, he assaulted him. PTI Correspondent, Mr. Dhananjay Mahapatra, tried to restrain the contemnor, while he was grappling with the security personnel. At this stage, Mr. Singh shouted at the other security personnel not to come near him or to touch him as he was the brother of the Police Commissioner.

( 5 ) IT is pointed out at this stage by Mr. L. K. Garg, Advocate, who is present in Court, that Mr. S. K. Singh had even uttered the words "gaddars" (traitors) for Judges. This, prima facia, amounts to lowering the dignity of the Court further.

( 6 ) LEARNED Senior Counsel, Mr. Keshav Dayal, Mr. R. K. Saini, Dr. B. L. Wadhera, and a large number of learned Counsel, who are present, urged the Court to proceed against Mr. S. K. Singh, Advocate for contempt of Court.

( 7 ) EVEN when we are in the process of dictating this order, the contemnor has been trying to raise his voice aggravating the contempt.

( 8 ) AT this stage, one of the learned Counsel present in Court tried to persuade Mr. S. K. Singh to apologise for his conduct. On which the said contemnor replied in our presence that he is not at all at fault and it is the Court staff and Judges who are at fault.

( 9 ) THE above acts on the part of the contemnor prima faice amounts to criminal contempt in the face of the Court.

( 10 ) NOW that it is 1. 30 p. m. , we will pass final orders after 2 p. m. In the meantime, Mr. S. K. Singh will remain in Court till the Court resumes its afternoon session.

( 11 ) WE, therefore, issue notice to the contemnor in exercise of powers under Article 215 of the Constitution of India why he should not be punished for criminal contempt of the Court in the face of the High Court, on the facts above mentioned.

( 12 ) A copy of the above show cause notice was handed over to the contemnor in the afternoon session and he was asked to come forward with his defence, if any. He submitted that he refuses to take cognizance of the notice unless the writ petition filed by him, which is lying under objections and mentioned by him, is listed. He refused to make his defence or say anything even though a further opportunity has been given to him after he had mentioned as above. He submits that the threat of action for contempt is being held out to him to save the prestige of judiciary. In fact, he menacingly looked at the Stenographer and asked him to note down this sentence also.

( 13 ) IN







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