IF A JUDGE INSULTS AN ADVOCATE, HE IS GUILTY OF CONTEMPT-
A.I.R. 1949 Lahore-470
In this case a magistrate called an advocate, “This foolish advocate” and the magistrate was found guilty of contempt and sentenced to imprisonment. Even if a judge ill-treats a witness it amounts to contempt".
Advocates in the light of such antediluvian practice should move contempt petitions against improper behaviour of judges, instead of calling for boycott of courts. It is better to make a fair comment in writing about the contemptuous behaviour of the judges and notify the concerned judge before filing a contempt petition. If the judge apologises and makes commitment to not violate Dacorum of court again, the aggrieved advocate may give him a second chance. Further, Introducing mandatory video record of all court proceedings will not only facilitate irrebutable proof in such cases but may prevent either of the sides of Bench to pick up unnecessary brawls.
(11) We will first consider the effect, in law of the words occurred to the defendant. In the present case, the defendant has not been accused of having committed any act of content, disregard or defiance or disobedience to the judge. He has been accused of having made statement in respect of an advocate of the opposite party, and the point for consideration is, whether the statements amount to interference with the administration of justice. Oswald in his book on contempt of Court, 3rd Edition, page 6, say: "to speak generally, contempt of Court may be said to be constituted by any conduct that tends to bring the authority and administration of Law into disrespect or disregard, or to interfere with or prejudice parties litigant or their witnesses during the litigation".
At p. 91 of Contempt , Committal and Attachment by Oswald , occurs the following passage:
"An insult to counsel may be punished as contempt . All publications which offend against the dignity of court or calculated to prejudice the course of justice will constitute contempt". It is settled law that disrespect or disregard to an advocate in certain circumstances so as to deter him from discharging his duties would amount to contempt of court. The decision very much point to was given by Niyogi J in Telhara Cotton Ginning co. Ltd v. Kashinath Ganghadar . In that case, the defendant had addressed a notice to the advocate of the plaintiff demanding that certain allegations in the written statement of his client should be withdrawn unconditionally and an apology tendered on pain of legal proceedings being taken against him . Another letter was sent by the defendant or somebody interested in him to the plaintiff complaining against the counsel for his refusal to withdraw the allegations described as foolish . It was held :
"In sending the notice containing threats to the counsel , the defendant made a clear invasion of the counsels right to represent his client's case loyally and properly and further interfered with the due performance of his duty towards his client . The addressing of notice and the letter was calculated to interfere with and to obstruct or divert the course of justice . Hence , he was guilty of contempt of court".......
....It is sufficient if the context showed that the action contemplated was the action of the contender himself. Of similar question arose in Thirumalaiappa v. Kumaraswami AIR 1956 Mad 621 . the Madras High Court referred to the leading case of French v. French [1824] 1Hog. 134 which formed the basis of the statement or this subject contained in Oswald contempt of Court. The passage in Oswald part of which has already been quoted runs thus:
"an insult to counsel may be punished as a contempt. All publication which offend against the beginnings of the Court, or are calculated to prejudice the pools of justice, will constitute contempt. Offenses of this nature are of three kinds namely, those which [1] scandalize the Court, or [2] abused the parties concerned in causes there or [3] prejudices mankind against persons before the cause is her. Under the first head fall libels all the integrity of the Court, its judges, officers or proceedings; under the second and third heads anything which ends to excite prejudice against the parties or their litigation, while it is pending. for example, attacks on or abuse calls a party, not amounting to an interference with the course of justice, does not amount to contempt the party being left to his remedy by action". In [1824] 1 Hog 134 an insult was given to a counsel wide he was attending in the masters office, which was situated within the precincts of the Court. It was held : (p.623) " advocates who appeared for the parties being officers of Court, any abuse or insult or aspirations cast on them, which would interfere with the course of administration of justice must necessarily be held to amount to contempt of Court."
(12) In Nandlal Bhalla v Kishori Lal, 48 ChiLJ 757 [lah] the inspector of police issue threat and used insulting language towards an advocates. It more held that the advocate threatened in the performance of his duties and though there was no contempt of the Court directly, there was contempt in as much as an officer of the Court such as an advocate appearing in his professional capacity was threatened and insulted while in the performance of his professional duties in the Court.
(19) We have now to consider the order of punishment to be imposed on the defendant. We are the learned Assistant Government Pleader act also the defendant as to what would be the punishable punishment for his offense. The learned Assistant Government leader pointed out back his is a third contempt committed by the defendant. The first contempt committed by the defendant appears to have taken place before 1947. Reference to the same is to be had art p.395 in Bom LR 393 : (AIR 1948 Bom 6 at p.7) where Stone during the course of the narration of the anticipated of the defendant observe: "Mr. Vaneys was fined for his contempt of Court". The learned Assistant Government pleader also drew our attention to a recent case, therein the defendant was charged with the same offense by his Court. That was in Misc Civil appl No,188 of 1960 ( Bom) that matter came out before the Chief Justice and one of us namely Tambe J on 9th January 1961. The defendant having tendered an unconditional apology the proceedings where dropped. It therefore appears that the defendant has been in the Harvard of making reckless allegations against the Court of the officers of the Court. Ordinary we would have awarded a sentence midst would have deterred him from taking similar action in future. Then we art the defendant as to what he has to say about the punishment he stated that the matter is left in our hands. In the course of his argument the defendant told us that he was suffering from low blood pressure and he found it difficult to argue the matter beyond the first part of the day on the 14th. He therefore requested that the matter should be adjudged to the next day. The defendant also appears to be an old man. In view of his age and the condition of his health we feel averse to sending him to jail. In our view the end of justice would be met it we direct him to pay a fine of Rs thousands. We hope that the imposition of the said punishment which err on the fide of leniency, would have a sobering effect upon the defendant. We also direct that the defendant should pay the costs of these proceedings. We grant two months time from today to the defendant to pay the amount of fine.
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