J.B. PARDIWALA, J.

1. The present application under the Contempt of Courts Act, 1971 has been taken out by the High Court suo-motu pursuant to the order passed by learned Single Judge (Coram: Kalpesh Jhaveri, J.) on September 29, 2005, in Special Civil Application No. 4685 of 2004.

2. Genesis of this suo motu proceeding:

The respondent herein i.e. alleged contemner is a practicing Advocate in the High Court of Gujarat. Record reveals that on September 29, 2005, respondent was arguing his matter being SCA No. 4685 of 2004 before our learned brother Judge Hon'ble Mr. Justice K.S. Jhaveri. During the course of hearing a heated exchange of words between respondent contemner and the learned Single Judge ensued which culminated in an oral order dated 29.09.2005, wherein the learned Single Judge observed as under:

“6.0 During the course of hearing, on certain queries pertaining to the subject matter being put to Mr. Thakkar, he stated that the Court is hearing the matter with pre-determined mind and if the Court is pre-determined about the matter, he would not proceed further with his arguments.

7.0 It is to be noted that the matter was being heard for final disposal and learned counsel for the respondents were not yet heard. The Court, therefore, informed Mr. Thakkar that he may not make any such derogatory remarks which are not expected from an Advocate. However, Mr. Thakkar continued his accusations. Therefore, this Court informed Mr. Thakkar that if he continues his accusations, the Court will record the same, and as he continued his accusations, this Court directed the Private Secretary to record the exact words being uttered by Mr. Thakkar, which were recorded by the Private Secretary in open court in presence of Mr. Thakkar. Mr. Thakkar stated as under:

“This is not the manner to conduct a matter. You have pre-determined in your mind that you will dismiss all my matters. This is because when you were practicing as an Advocate you had personal grudge against me. I know that since you had rivalry with me while you were practicing as an Advocate, you have pre-determined in your mind that you will dismiss all my matters. What do you think about yourself ".

8.0 In view of the aforesaid remarks made by Mr. Thakkar, this Court observed that if he continues such remarks, the Court will be constrained to refer the matter to Bar Council for appropriate action and may also refer the matter for action under the Contempt of Courts Act. However, Mr. Thakkar responded to that by stating that he is least concerned if any action is initiated against him, and further stated as under:

“If you want to put me behind the bars you are free to do so. I am not afraid about it. You can do whatever you want. What do you think about yourself. I know you very well since you were an Advocate. I am not worried at all. I am not a layman that you may impose yourself on me. I am a Senior Advocate and I am not frightened with your threats. What do you think that no one is aware about what you are doing and how you are conducting the matters? Every one knows how you are conducting the matters.”

9.0 Being an Officer of the Court, such remarks were not warranted on the part of Mr. Nandlal Thakkar during the course of hearing of the matter. I am of the view that apart from abusing, Mr. Thakkar has insulted the Court and attributed dishonesty on the part of this Court in the conduct of the cases. His utterances that? What do you think that no one is aware about what you are doing and how you are conducting the matters imply that this Court is not fairly and impartially conducting the matters. It was noticed that he has no regrets for his utterances and he was defiant throughout, challenging the Court to send him to jail. His statements are disparaging in character and derogatory to a Judge's dignity, and go further than insult and amount to scandalization of the Court.

10.0 Rule 2 of The Bar Council of India Rules stipulates that an advocate shall maintain towards th