The High Court of Rajasthan, through learned judge, Justice Devendra Kachhawaha in the case of Ramdhan v. State of Rajasthan (S.B. Criminal Misc. Bail Application No. 6918/2021) asked the Bar Council to take action against a lawyer who used filthy language and hurled abuses at court.
BRIEF FACTS: While arguing the matter, learned counsel Shri R.S. Choudhary appearing on behalf of the petitioner through video conferencing used filthy language before this Court and argued the matter loudly and in a shouting manner which was against the decorum of the Court. He abused the Court which amounts to Contempt of Court. During the course of hearing of the bail application, it was brought to the notice of this Court that two other cases of similar nature were also pending against the accused-applicant and the investigation in the present matter was not completed, therefore, looking to the facts and circumstances of the case, the gravity of the offence as well as the criminal antecedents of the accused-applicant, the Court expressed its opinion that, at present, the accused was not entitled to be released on bail and therefore, an option was given to the counsel for the petitioner either to get the matter adjourned or withdrew the bail application with the liberty to renew the prayer after filing of the chargesheet. At this juncture, the counsel for the petitioner, Mr. Ramawatar Singh Choudhary inappropriately opened up passing unwelcoming comments upon the Court. His behaviour and demeanour was certainly of maligning the dignity and decorum of the Court. The Counsel deliberately and willfully uttered obnoxious and filthy language which was normally used by cheapsters and street goons.
FINDINGS OF THE COURT: The court remarked that the overall conduct of the counsel had certainly put a dent over the constitutional and judicial basic structure. The conduct of the counsel diminished the mutual respect and relation between the Bar and the Bench. Although, the act of the counsel was certainly warranting initiation of contempt proceedings but instead thereof, a lenient view was taken by the court just to maintain judicial dignity and decorum of the Court. Therefore, the court felt appropriate to bring such sorrow state of facts to the notice of the Bar Council of Rajasthan to take suitable actions against the counsel Mr. Ramawatar Singh Choudhary forthwith. The Registry was thereby directed to send a copy of this order to the Chairman/ Secretary, Bar Council of Rajasthan, Jodhpur to take appropriate actions against the counsel Mr. Ramawatar Singh Choudhary.
JUDGEMENT REVIEWED BY – AMRUTHA K