Sunday, 1 September 2013

CONTEMPT OF COURT: Sentence of Imprisonment


It has been reiterated by the Supreme Court time and again that the Bar and the Bench are required to maintain the decorum of the Court, for Court is the temple of justice for all. No one has the authority to conduct in a manner which would demean and disgrace the majesty of justice which is dispensed by a court of law. The judicial proceeding has its own solemnity and sanctity. No one has any authority to sully the same. It is the obligation of everyone to behave with propriety when a judicial proceeding is conducted.
In the instant case, the counsel appearing in case, shouted in court using unparliamentary language for the judicial officer apart from loud threatening utterances. On the complaint filed by the judicial officer, the High Court convicted the counsel for committing the contempt of court and sentenced him to suffer simple imprisonment for one month and to pay a fine of ` 20,000. The High Court held that it was not a fit case wherein unconditional apology tendered by the counsel should be accepted. Apology tendered was neither prompt nor genuine. The Supreme Court upheld the judgment and sentence passed by the High Court.
Arun Kumar Yadav v. State of UP, 2013 (7) SCALE 542: Crl. A. No. 1430 of 2010; Decided on 29-5-2013 (SC)
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