SC ST MINORITY LAWYERS ASSOCIATION FILING WRIT PETITION TO RECALL CONTEMPT ORDER.......
Delhi: Many advocates association are going to challenge the Contempt order against Advocate Nilesh Ojha passed by Hon'ble Supreme Court in Suo motu Contempt Petition. In past 2 Advocates and one human rights activist filed complaint against a sitting supreme court judge to President of India and Hon'ble Chief Justice. The Court has converted the complaint filed by IBA president Nilesh Ojha, Adv Vijay Kurle and Rashid Pathan into contempt petition and found him guilty for making complaint against sitting Judge. Inspite to get investigate the complaint as per In House Procedure complaint got converted into Suo motu contempt petition. Now few advocates associations are challenging the contempt action against Complainant in the interest of justice. As per them in future citizens will be discouraged to do complaint in judicial system. The complainants are whistle blowers for apex court to clean judicial system. It will only improve the quality and reduce the burden of apex court.
All India SC, ST & MINORITY LAWYERS ASSOCIATION
₪ APPLICATION TO RECALL THE ORDER HOLDING GUILTY UNDER CONTEMPT
Bench of Justice Deepak Gupta in the order dated 27.04.2020, observed that, guidelines given in P.N. Duda v. P. Shiv Shanker, 3 SCC 167 are only obiter and not binding.
These findings are against the Larger Full Bench judgment in Bal Thackrey’s case (2005) 1 SCC 254, where it is ruled that, P.N. Duda is a binding precedent.
Hence, the findings of bench of Justice Deepak Gupta are per incuriam and the proceedings are vitiated.
The other illegalities and per incuriam findings in the order dated 27th April,2020 are pointed out by Respondents in their Recall Application.
Please see the blatant illegality, disregard and disrespect of various Constitution bench judgments by smaller benches as explained in the below application.
We strongly condemn any such attempt by anyone.
No one is above law, neither advocates nor Judges.
We request all to go through the recall application
and send your feedbacks to us, as we are going to file Writ Petition to protect advocates from frivolous contempt threats and to maintain the Independence of Bar.
Email id:- firstname.lastname@example.org
Adv. Vivek Ramteke
All India SC, ST, Minority Lawyers Association