Allahabad High Court Closes Contempt Proceedings Against Lawyer After He Tendered Apology For Dispurting Court's Work

The Allahabad High Court on Wednesday closed contempt proceedings against an advocate who disrupted the working of the High Court on October 21 after the bench asked him to make changes to the cause title and hide the name of the juvenile/child in conflict with the law (the revisionist in the case).

The proceedings were dropped by a division bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad after the contemnor (Advocate Sunil Kumar) tendered his unconditional apology orally as well as in writing.

For context, the incident in question took place on October 21, when the contemnor made an attempt to overawe and pressurize the Court to hear him even after the bench of Justice Jyotsna Sharma decided to adjourn the hearing of a plea revision, in which the contemnor was appearing.

The hearing was sought to be adjourned by the Bench on the ground that the cause title of the case contained the name of the Juvenile/child in conflict with the law, which, in the Court's opinion, was against the directions issued by the Apex Court in the case of Shilpa Mittal vs. State of NCT of Delhi.

[NOTE: in the case of Shilpa Mittal (supra), the Apex Court had directed the Court across the country to hide the name of the child in conflict with the law so as to give effect to the provisions of Section 74 of the Act of 2015 and various other judgments of the Courts.]

Now, when the Court directed the registry to rectify the error and further asked the counsel for the revisionist (the contemnor) to correct the title by moving a suitable amendment application within 7 days, he got aggrieved, and the moment the Court finished a dictation in this regard, he turned towards the bench to remark "I know no such law. I am not bound to obey your order. You will have to hear me."

Taking note of his behavior in the Court, the bench, in its order noted that he continued with his noisy outbursts causing quite a derangement and upsetting the proceeding in the Court and further, he exhorted the members of the Bar (who were waiting for their turn) to boycott the hearing. He also gently pushed many to go out and stood there to check that they actually leave and do not re-enter.

"His antics went on for at least 15 minutes creating lot of commotion in the Court room and he got engaged in lot of vocality not expecting that I have been noting down his conduct. His conduct interrupted the Court's proceedings for about 20-25 minutes and the rest of the matter could not be taken up during this period," the bench of Justice Jyotsna Sharma noted in its order while issuing him a contempt notice on October 21.

After this incident, the contempt matter appeared before the division bench (on November 2) as per the order of the Chief Justice of the High Court, wherein the contemnor, along with R. K. Ojha, Senior Counsel, and S. D. Jadaun, Advocate appeared and offered an unconditional apology on his behalf.

An assurance was also extended by the contemnor that such an incident would not be repeated in the future. It was categorically stated by the Advocate in question that he ha been practicing advocate before the Court for nearly 30 years and holds the Court in high esteem and cannot even imagine of undermining the majesty of Her Ladyship. Advocate Sunil Singh also appeared before the bench of Justice Jyotsna Shama to tender his unconditional apology and undertook that such an incident would not be repeated in the future.

In view of this, the division bench closed the contempt proceedings.

Case Title - In re v. 

Case Citation: 2022 LiveLaw (AB) 481