Supreme Court Requests Jharkhand High Court To Sympathetically Consider Apology Of Advocate In Contempt Case

The bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing the plea by advocate Mahesh Tiwari challenging suo-motu criminal contempt against him who was seen in a video clip involved in a heated exchange with a single judge during court proceedings.

A five judge bench of Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan, Justice Sujit Narayan Prasad, Justice Rongon Mukhopadhyay, Justice Ananda Sen and Justice Rajesh Shankar heard the suo motu contempt case.

At the Supreme Court, initially, the CJI was inclined to dismiss the matter,observing that the petition has been filed only to override the High Court's Authority. He said :

“Even I have practised for several years….this man wants to go there and say - kya bigaad liya mera, Supreme Court se order le aya”

The CJI further said : “If he feels he has done nothing wrong, then he should have the courage to go and contest, but if he thinks he was wrong he should go and apologise

Justice Bagchi also weighed in :

“At every strata of the judicial hierarchy there are situations where creation of frictions become about professional pride.”

Sr Adv Sidarth Dave for the petitioner urged the Court to consider the case as it would ruin the petitioner's career. Dave said that the petitioner meant no disrespect and the issue snowballed after certain clips from the exchange became viral on social media. He added :

“The judges saw a video of the incident surfacing, these viral videos of the courtrooms have become a menace now.”

Dave added that single judge in question didn't have an issue, yet the 5 judges bench took a Suo Motu case on the basis of viral clips. Dave however mentioned that the petitioner meant no disrespect and was ready to apologise.

Considering that same the bench requested the High Court to consider the lawyer's unconditional apology.

“While explaining that the petitioner didn't mean to cause disrespect the Hon'ble Judge or obstruct the judicial proceedings, the Sr Counsel submits that the petitioner is extremely repentant of the incident and is willing to tender unconditional apology”

“We deem it appropriate to dispose of the petition, with liberty to the petitioner to submit an affidavit of unconditional apology before the HC, we request the HC to consider the apology sympathetically and pass an order accordingly.”

Case details : MAHESH TIWARI Versus THE REGISTRAR GENERAL OF THE HIGH COURT OF JHARKHAND AT RANCHI