Supreme Court Refuses To Stay CAT Contempt Order Against Advocate Mehmood Pracha; Urges Him To Apologize

While refusing to stay the CAT order, the division bench of Justice KM Joseph and Justice SR Bhat said, "All that has happened, one condition that we want you to consider is that, please write an unconditional apology. The whole thing will go. We all commit mistakes. The idea is that at the earliest possible times, we make amendments."

Adding that we are not like 'Lords in 12th Century England, that's not the idea you see', Justice KM Joseph, the presiding judge of the bench added, "The whole idea is that at some point you say sorry.You can write an unconditional apology. We're not saying to say anything today. We're not saying anything on merits. That's the result that we want you to do. Think about it."

Upon the Court's question as to what Advocate Mehmood Pracha thought about it, the advocate submitted that he was only defending the Court's honour and that he was asked something not to be said in open court.

Giving Advocate time to think about the suggestion made by the Top Court, Justice Joseph said, "You could have brought it before the Top Court. 2 wrongs do not make it right. We're only telling you to do this. We cannot hear you today if you didn't accept our suggestion. We'll call it on some other day. Maybe after a month or on some other day."

On August 6, 2021, the Top Court had issued notice in the appeal and the stay application. Direction was also issued to serve Mr Vikramjit Banerjee, Additional Solicitor General who had appeared before the Tribunal.

Background

The principal bench of CAT had taken suo moto cognisance in a case where Senior Counsel was arguing the case of Sanjiv Kumar Chaturvedi, an Indian Forest Service Officer of Uttarakhand cadre on deputation of AIIMS, Delhi, who filed different applications with regards to recording of his Annual Confidential Reports ("ACR").

Citing instances of unruly and contemptuous behaviour on Advocate's part, the Tribunal had held him guilty of contempt of court under section 14 of the Contempt of Courts Act, 1971.

"From the various developments that took place in this case, what we gather is that the attempt was more to add to the personality of the applicant and his counsel i.e the respondent herein and for that purpose, the Tribunal became an easy target," order said.

Case Title: Mehmood Pracha Versus Central Administrative Tribunal

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