Gujarat HC Contemplates Contempt Proceedings Against Senior Counsel For Using ‘Unparliamentary’ Language Against Sitting Judge

The Gujarat High Court has initiated suo motu contempt proceedings against senior counsel Percy Kavina for alleged ‘unparliamentary’ and ‘disparaging’ words used by him against a sitting judge while arguing a matter and thereby, “lowering down the majesty and dignity of the institution.”Essentially, on July 7, Senior Counsel Kavina, while arguing a matter (pending since 1979) before the Bench of Justice Devan Desai, he used 'disparaging and unparliamentary language' against the judge. Initiating the suo motu contempt proceedings against Kavina under Article 215 of the Indian Constitution and Contempt of Courts Act, the bench of Justice AS Supehia and Justice MR Mengedey directed the registrar general of the HC to prepare a report of the incident containing all details and to inquire about the address of the senior counsel."On 7th, Senior Counsel Percy Kavina used unparliamentary language before a sitting judge by saying 'arey sahab, kai toh sharam rakho' (hey sir, have some shame)..Apart from using the aforesaid expressions, we have found that he used disparaging language." However, Senior Counsel Kavina requested the division bench not to initiate the proceedings but to allow him to approach the sitting judge and make an unconditional apology. Before the division bench, he further said that contempt proceedings are serious in nature and so he would want to settle the matter by extending an unconditional apology. To this, the bench added that whatever happened was also very serious which had the effect of lowering the majesty and the dignity of the court. However, the bench did permit Senior Counsel Kavina to explore his option of extending an apology before the single judge. Thereafter, he appeared before the Single Judge and apologised to him, admitting that he had made “intemperate remarks” causing “disrepute” to the judiciary and that his submissions were uncalled for. He also submitted that as a matter of penance, he will not be appearing in this matter again. Pursuant to this, the single judge observed in his order thus: “It is the submission of learned senior counsel Mr Percy Kavina to accept his unconditional apology. It is further submitted by learned senior counsel Mr Percy Kavina that only the court concerned can accept or reject the unconditional apology tendered by him… In view of the above submissions, this court is of the opinion that what has happened on 07.07.2023, should not have happened and the words used by learned senior counsel Mr Percy Kavina were derogatory.” Thereafter, noting that since the proposed suo-motu contempt proceedings have not yet commenced, the Court said that senior counsel Kavina may request the concerned Division Bench for seeking an unconditional apology. However, since the single judge did not record whether he accepted the apology or not, the matter will appear before the division bench on July 17. Case title - HEIRS OF MAHANT DAYARAMDAS- BAI PADMA WD/O DAYARAMDAS & 1 other(s) Versus CHARITY COMMISSIONER & 28 other(s)Click Here To Read/Download Order

Gujarat HC Contemplates Contempt Proceedings Against Senior Counsel For Using ‘Unparliamentary’ Language Against Sitting Judge

Sparsh Upadhyay

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