S.C.AGRAWAL, G.N.RAY, A.S.ANAND, S.P.BHARUCHA, S.RAJENDRA BABU
Supreme Court Bar Association – Appellant
Versus
Union Of India – Respondent
Based on the provided legal document, here are the key points regarding the power of the Supreme Court to punish an advocate for contempt versus professional misconduct:
Judgment
Dr. Anand, J.—In Re: Vinay Chandra Mishra1 , this Court found the contemner, an advocate, guilty of committing criminal contempt of Court for having interfered with and “obstructing the course of justice by trying to threaten, overawe and overbear the Court by using insulting, disrespectful and threatening language”. While awarding punishment, keeping in view the gravity of the contumacious conduct of the contemner, the Court said:
“The facts and circumstances of the present case justify our invoking the power under Article 129 read with Article 142 of the Constitution to award to the contemner a suspended sentence of imprisonment together with suspension of his practice as an advocate in the manner directed herein. We accordingly sentence the contemner for his conviction for the offence of criminal contempt as under:
(a) The contemner Vinay Chandra Mishra is hereby sentenced to undergo simple imprisonment for a period of six weeks. However, in the circumstances of the case, the sentence will remain suspended for a period of four years and may be activated in case the contemner is convicted for any other offence of contempt of court within the said period; an
Smt. Pushpaben & Anr. v. Narandas V. Badiani & Anr.
S.K. Sarkar, Member, Board of Revenue v. Vinay Chandra Misra
Union Carbide Corpn. v. Union of India
Bonkya @ B.S. Mane & Ors. v. State of Maharashtra
AR Antulay v. R.S. Nayak & Anr.
Bar Council of Maharashtra v. M.V. Dabholkar & Ors.
O.N. Mohindroo v. The District Judge, Delhi & Anr.
Prem Chand Garg v. Excise Commissioner, U.P. Allahabad
Delhi Judicial Service Association Tis Hazari v. State of Gujarat & Ors. etc. etc.
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