The Court held that an advocate's contemptuous words and conduct in Court, which scandalize the Court and interfere with the due course of judicial proceedings, amount to criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971.

V.K.BALI, J.

1. The contemner herein Mr. Ashok Kumar Kapoor is a lawyer practising in District Courts at Ludhiana. Learned Single Bench of this Court (R. S. Mongia, J.) issued notice of motion to the contemner to show cause as to why proceedings under the Contempt of Courts Act, 1971 be not initiated against him on the basis of letter written by Mrs. Rekha Mittal, the then Additional Senior Sub Judge, Ludhiana. A copy of the complaint of Mrs. Rekha Mittal, which was addressed to the District and Sessions Judge, Ludhiana, was sent to him along with the notice. This order was passed by the learned Single Judge on August 11, 1994.

2. Mrs. Rekha Mittal brought to the notice of the District and Sessions Judge vide her communication dated May 2, 1994 that a complaint captioned as Ashok Kapoor V/s. Kulwant Singh was received by way of transfer by her from the Court of the Chief Judicial Magistrate, Ludhiana and was pending before her for recording preliminary evidence. The statement of complainant, Mr. Ashok Kapoor, who is a practising lawyer in Ludhiana, was recorded on April 19, 1994 but along with the complaint he had appended a list of four witnesses. Mr. Ashok Kumar Kapoor Advocate submitted before the Court that he was not liable to deposit the TADA of the witnesses mentioned at Sr. Nos. 1 to 4 whom were in Ludhiana and the whom he wanted to examine for the time being. Vide order dated April 30, 1994 the Court asked the purpose for which the witnesses mentioned at Sr. Nos. 1 to 4 were sought to be summoned. When that order was passed by the Court, Mr. Ashok Kumar Kapoor asked as to why the Court wanted him to get wasted one paper by asking the purpose. He spoke so many words which were difficult to explain in writing, though Smt. Rekha Mittal further mentioned that she would like to mention certain words / comments made by Mr. Ashok Kapoor in the open Court in the presence of the staff and some other persons who were present in the Court at that time. He, in utter disregard of the decorum of the Court and in a contemptuous manner, said that there was pressure upon the Court from the respondent party and why did not the Court disclose the same. He further said that why the Court wants that he should open his pen and start litigation against the Court for asking him to explain the purpose of summoning these witnesses. It was further mentioned in the communication, referred to above, that the complaint had been made under Sections 392/393/477-A/120-B read with Section 34 of the Indian Penal Code on account of alleged threat having been given to the complainant to withdraw Court cases filed by him in the Consumer Forum. She further mentioned that finding no nexus between the allegations of the complainant and summoning of an official from the Income Tax Department, the Court desired the complainant to give in writing the purpose for summoning the witnesses. But the complainant, just to overawe and threaten the Court, made the comments, mentioned above, so that the Court may not pass an order asking for the purpose of summoning the witnesses.Smt. Rekha Mittal further mentioned that the complainant was in the habit of threatening every judicial officer to get some order in his favour which could not be appreciated by any Court. She also stated that the facts that she had mentioned could be verified from her Reader and Steno and some other persons, who were present in the Court and whose names could be disclosed by her, if so desired. On the aforesaid facts, she prayed that necessary action be taken against Mr. Ashok Kapoor, who is member of the Bar, for his misconduct and misbehaviour with the Court.

3. Pursuant to the notice issued by learned Single Bench of this Court, Mr. Ashok Kapoor appeared and prayed for time to file reply to the show cause notice. The matter was adjourned to September 30, 1994 for reply and arguments. Mr. R. S. Mittal, a Senior Advocate of this Court, was requested to assist the Court in the matter. T