Supreme Court Asks Lawyer Imprisoned For Contempt Of Court To Tender Apology Before Judges

The Supreme Court on Friday (January 12) asked a lawyer, who was sentenced to six months imprisonment by the Delhi High Court for contempt of court, to tender an unconditional apology before the judges against whom he made objectionable remarks.

A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra heard the matter after an urgent mentioning was made by Senior Advocate Vibha Datta Makhija who said that the lawyer has been sentenced to prison.

A division bench of the Delhi High Court in an order dated January 9, held the petitioner-lawyer to be guilty of criminal contempt and awarded him the punishment of 6 months with a fine of Rs. 2000 and in default to undergo 7 days of imprisonment.

The issue arose when the petitioner, a 60-year-old lawyer, made caustic remarks against the trial judge in the pleadings in an appeal filed against the conviction in a criminal case. Although the High Court warned him, he said that he was standing by the remarks.

“He made the mistake of using the name of the judge…”,  Makhijia said. She explained that the worst that was said by the lawyer was naming the trial court judge and saying that the trial was not being carried out as per procedure and against the Supreme Court's judgements.

Referring to the impugned judgment, the CJI verbally noted that the High Court had no choice. Though he was given an opportunity to apologise, “the contemnor stood by whatever statements he made...", the CJI noted.

Highlighting that the lawyer is now apologetic, Makhija pleaded for a lesser sentence. She pointed out that even in cases where more grave allegations have been made, the Supreme Court has let off contemnors with a punishment of a fine of Rs 1 or a day's imprisonment. 

"He is full of remorse now, he has definitely learnt his lesson for sure," Makhija pleaded.

The bench in light of the said submissions, directed the contemnor to tender an unconditional apology in person before the judges of the High Court and District Judicary against whom he had made such allegations.

As per the Order, the bench observed:

“ We direct that the petitioner must file an unconditional apology before the High Court and judges of Trial Court before whom he made the allegations. The petitioner is to complete the exercise by 2 PM on Tuesday 16.1.24. Relist at 3 PM, Tuesday. The police authorities shall arrange for the petitioner to be produced in person before each of the judges before whom an apology is to be tendered.”

The senior advocate had also pressed for interim bail, however, the CJI said “Let him first go with the police, and we will list it on Tuesday”