Apex Court upheld finding of contempt of court against Madras High Court Advocate : Supreme Court
The Supreme Court of India, through learned judge, Justice Dr Dhananjaya Y Chandrachud in the case of P R Adikesavan vs. The Registrar General, High Court of Respondents Madras and Another (Criminal Appeal No 847 of 2022) upheld finding of contempt of court against Madras High Court Advocate
BRIEF FACTS: The appeal arose from the judgement of a Division Bench of the Madras High Court convicting appellant under Section 2(c)(iii) read with Section 12(1) of the Contempt of Courts Act 1971 and sentencing him to two weeks of simple imprisonment. Brief facts of the case are stated as follows. Insolvency proceedings were initiated against the appellant under the provisions of the Presidency Towns Insolvency Act 1909. A Single Judge of the Madras High Court issued a non-bailable warrant seeking the presence of the appellant. When a team of the police tried to execute the warrant, the appellant and fifty other advocates gathered the police and prevented them from executing the order. The Deputy Commissioner of Police brought the incident to the notice of the Registrar General of the Madras High Court by a letter. On perusing the video clippings of the incident the Single Judge of the Madras High Court by an order, initiated contempt proceedings against the appellant under Section 15 of the Contempt of Courts Act 1926.
FINDINGS OF THE COURT:. The court held that the behaviour and conduct of the appellant, who is a member of the Bar, had been thoroughly contemptuous. The Court noticed that there was a clear attempt to obstruct the process of justice when the non-bailable warrant was sought to be served on petitioner by the competent police officials, which had been recorded in the video footage. The court dismissed the petition by observing that the finding of contempt, as well as the sentence against the petitioner cannot be regarded as disproportionate.
JUDGEMENT REVIEWED BY – AMRUTHA K