'Sharam Rakho' Remark Against Sitting Judge: Gujarat HC Accepts Unconditional Apology Of Sr. Adv Percy Kavina In Contempt Case

The Gujarat High Court today accepted the unconditional apology tendered by Senior Counsel Percy V. Kavina in the suo moto contempt case initiated against him on July 10 for his 'disparaging' remark made against a sitting judge on July 7.

The bench of Justice AS Supehia and Justice MR Mengedey, however, asked him to be mindful of the responsibility bestowed upon him as a Senior Counsel.

"Respondent (Senior Counsel Kavina) has been conferred with honour and privilege by the Chief Justice and other judges of the High Court after finding him worthy, but it appears that down the line after he has been conferred with such privilege he has turned ignorant to the responsibility and duties attached to the honour. In today's era, the contemptuous act does not remain within the precincts of the court but can travel beyond and could be noticed at any place and has a wide anc deep-rooted impact on the institution. Thus, the responsibility of a lawyer to act in a dignified manner by safeguarding the high moral which the noble profession demands becomes more austere," the Court remarked.

In this regard, the Court, by relying upon the Apex Court's ruling in the case of E.S. Reddi vs Chief Secretary, Govt. Of A.P. (1987), stressed that the majesty of law and the dignity of Courts cannot be maintained unless there is mutual respect between the Bench and the Bar and the counsel "act in full realisation of their duty to the Court alongside their duty to their clients and have the grace to reconcile themselves when their pleas and arguments do not find acceptance with the Court".

The Court also observed that any act that is "deleterious" to the majesty of the institute cannot be accepted even if it has occurred at the spur of the moment.

However, noting that Senior Counsel extended earnest and unconditional apology not just before the division bench but also before the single judge, the Court deemed it fit to not stretch this matter any further.

With this, expecting that similar conduct won't be repeated by him in future, the Court closed the contempt case against him.

It may be recalled, that on July 10, 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 an incident which occurred on July 7 before the Bench of Justice Devan Desai, when Senior Counsel Kavina, while arguing a matter (pending since 1979), used 'disparaging and unparliamentary language' against the judge.

Case Citation: 2023 Livelaw (Guj) 116