Criminal Contempt Reference- "More Thoughtfulness & Sensitivity Required From Bar Members Toward Lady Judges": MP High Court

Dealing with a reference made to it by the court presided over by a lady Judicial Magistrate regarding the 'contemptuous conduct' of an advocate before her court, the Madhya Pradesh High Court recently observed that in view of the multitasking performed by a lady judge, more thoughtfulness and sensitivity is required from bar's end. "…it is expected from the Bar members that they will appreciate the multitasking performed by a lady judge while taking care of her home, family as well as work front and therefore, more thoughtfulness and sensitivity is required in this regard," observed the Bench of Justice Sheel Nagu and Justice Anand Pathak. In the instant case, an advocate (respondent), who got infuriated by the action of the lady magistrate asking him to move out of the courtroom so that the defence of the accused may not be disclosed to the witness during the proceedings of a case, made a threatening remark towards the presiding judge. The contemnor, Advocate Pankaj Mishra had remarked thus, "I am called Pankaj Mishra, note down my name. There will be trouble for you in future, you will not be able to do such a job." (Translated from Hindi to English) Thereafter, finding this conduct of the advocate contemptuous, she made a reference before the High Court under Section 15(2) of The Contempt of Courts Act, 1971. High Court's observations At the outset, the Court stressed that Law is a Noble Profession and Bar and Bench are two wheels of the chariot of justice. Calling the Legal and Medical professionals as Healers of Society, the court further observed thus: "Therefore, Bar and Bench share a common platform for the cause of justice. All other professions are guided by the spirit of Service and Integrity but this profession besides this spirit, also primes Compassion, Mercy and above all Empathy. Therefore, this profession (Bar and Bench) like medical profession has the distinction to heal and role of both the professions is not confined to Serve only, like other professions but their role go much beyond." Further, underscoring that magisterial Courts are the foundation on which the whole edifice of Indian Judicial Architecture stands, the Court did acknowledge that since Magistrates are usually young and are in the process of gaining experience, therefore, at times, they are pressurized by some members of the Bar to act in a particular manner. Sometimes, some Magistrates react sharply, and sometimes friction appears between the two, the Court added, as it stressed that State Judicial Academy should hold such sessions/discussions for dispute resolution between the Bar and Bench. "It is the duty of the senior members of the Bar and/or Bar Association of that District to guide the members of the Bar about the nobility attached to the profession. On other side Principal District and Sessions Judge and Senior Judges are expected to guide young judges about nuances and dignity of profession," the Court observed further. Lastly, noting that the matter was rightly referred to the high court and that the contemnor advocate tendered unconditional apology, the Court advised him to course correction and disposed of the plea by putting the following conditions on him: He shall not indulge in any contemptuous act in the future while committing misbehavior and misconduct with any Judge of any Court of law and would not try to undermine the authority and majesty of the Court.He shall plant 20 saplings either in the District Court campus if space is available for plantation and if not, then these saplings may be planted to any suitable place earmarked by the District Administration for plantation and shall take care of them till they grow into full-fledged trees.He shall submit photographs by downloading the mobile application (App) prepared at the instance of the High Court for monitoring the plantation through satellite/Geo-Tagging. "It is expected that this unfortunate event would not leave any scar over the relationship of Bar and Bench at District Court, Datia and individuals connected with the proceedings either as Judge and Lawyer would come out as better individuals from this incident and would strive to become 'Healers of Society' for cause of Justice," the court concluded while disposing of the plea.Case title - In Reference The State of Madhya Pradesh v. Pankaj MishraClick here to Download the orderRead Order

Criminal Contempt Reference- "More Thoughtfulness & Sensitivity Required From Bar Members Toward Lady Judges": MP High Court

Sparsh Upadhyay

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