B.S.CHAUHAN, A.K.SIKRI
Bal Kishan Giri – Appellant
Versus
State of U. P. – Respondent
Certainly. Here are the key points from the provided legal document:
The appellant, who is a practicing advocate, made serious and scandalous remarks against sitting judges of the High Court, which were sufficient to undermine the majesty of law and the dignity of the court. These remarks were made without any basis, and the appellant's defense of being misguided was not accepted (!) .
An unconditional apology was tendered by the appellant, but the court did not accept it as genuine. The court emphasized that an apology must be sincere, tempered with remorse and repentance, and not a calculated strategy to avoid punishment. The court also highlighted that apologies should be offered at the earliest opportunity and should come from genuine contrition [Para 12, 13, 18, 19] (!) (!) .
The court noted that the power to punish for contempt should be exercised with great caution and only when silence is no longer an option. The misconduct involved insubordination and disparagement of judicial officers, which shakes public confidence in the judiciary [Para 17] (!) .
The appellant's apology was found to be not bona fide, and the court rejected it because it lacked sincerity and remorse. The act of making such derogatory remarks by a member of the Bar was considered highly reprehensible and damaging to the judicial system (!) (!) .
The court reduced the fine imposed by the High Court from a substantial amount to a nominal sum, considering the circumstances. The appellant was also directed to surrender and serve the sentence unless he was taken into custody to serve it (!) (!) .
Overall, the court emphasized that contempt of court must be dealt with firmly, and apologies are not to be accepted as a matter of course if they are insincere or merely strategic. The integrity and dignity of the judiciary are paramount, and misconduct by members of the Bar that undermines this must be addressed with due caution and seriousness [Para 33] (!) .
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JUDGMENT
Dr. B.S. Chauhan,J.
1. In this appeal, impugned judgment and order dated 5.2.2010 passed by the High Court of Judicature at Allahabad in Contempt Application (Crl.) No. 15 of 2009, by which the appellant stood convicted for committing criminal contempt under the provisions of Contempt of Courts Act, 1971 (hereinafter referred to as the ‘Act’) and sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.20,000/- and in default to undergo simple imprisonment for two weeks, has been assailed.
2. Facts and circumstances giving rise to this appeal are that: A. An FIR was lodged in P.S. Baleni, District Baghpat on 23.5.2008 by Anil Kumar, appellant in connected Criminal Appeal No. 686 of 2010 alleging that his younger brother Sunil Kumar alongwith Puneet Kumar Giri, who were residing in Sitaram Hostel of the Meerut College, were not traceable and went missing the previous evening. Another inmate of the same hostel Sudhir Kumar was also reported untraceable. The very next day, three dead bodies of the said missing persons were found on the banks of river Hindon. A criminal case was therefore registered.
B. During investigation, it came to the notice of the polic
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