Karnataka HC Recalls Order Initiating Criminal Contempt Against Advocate Who Misbehaved In Court After He Tenders Unconditional Apology

The Karnataka High Court has recalled its order directing the initiation of criminal contempt action against an advocate for misbehaving in court by throwing the case files, addressing the bench in a loud voice, and refusing to argue on merits after he tendered an unconditional apology before the court.

A single judge bench of Justice K S Hemalekha allowed the recall application filed by Advocate M.Veerabhadraiah after he filed an affidavit of unconditional apology.

It was submitted by the counsel that the petitioner (M Veerabhadraiah) had regretted his actions and had utmost for the Court having completed more than 38 years of practice without any blemish.

Further, it was submitted that the counsel did not intend to create such a situation which caused disrespect to the majesty of the Court. Counsel submitted that he did not ever intend to cause any damage to the decorum and dignity of the Court not only on the said date but during his entire practice of more than 38 years.

“I express my sincere regret and apology regarding the unpleasant situation that culminated on that day i.e. on 05.02.2024. Further, I hereby assure this Hon'ble Court that, in future all precautions and cautions will be maintained to avoid repetition of such situations. I further state that as an advocate, I am having greatest and highest respect to this institution, therefore I hereby tender my unconditional apology upon extending my regret for such incident, hence this affidavit may kindly be taken on record in the ends of justice,” the apology stated.

The court taking the affidavit on record, recalled its order initiating suo moto criminal contempt against the petitioner and forwarded this order to the President of the State Bar Council.

The court in its earlier order dated 5-02-2024 had noted the following grounds for directing the initiation of the proceedings against Advocate M.Veerabhadraiah:

"(i) Misbehaviour: Throwing his files ghastly in dismay after rejection of IA 2/2022.

(ii) Arrogance: Using singular language towards the Bench with a directive voice and inspite of the Court warning him to mind his behaviour, he mentioned "least bothered of the consequences" and left the Court in sheer anger throwing the files.

(iii) Backtalk: Talking in loud voice and refusing to argue the matter on merits despite repetitive requests from the Court as the matter was argued on merits before hearing I.A.No. 2/2022.

(iv) Violation of Court Rules: Constantly interrupting the Court proceedings while the Court was passing orders. The act and conduct of the advocate tends to undermine the dignity of the Court and hinders the due course of judicial proceedings or administration of justice."

Case Title: ANNADURAI. K AND THE GOVT OF INDIA & Others

Case No: WP 12336/2022

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