Lawyer Who Signs Pleadings With Contemptuous Statements Is Equally Guilty Of Contempt Of Court: SC Issues Notice To Two Advocates

While referring to a Constitutional Bench Judgment, the Supreme Court has reiterated that even a lawyer who subscribes his signature to a contemptuous observation is equally guilty of committing contempt of Court.

Relying on the Judgment of the year 1955 in the matter of M. Y. Shareef And Another Vs. The Hon'ble Judges of the High Court of Nagpur And Others., whereby it was held that even a lawyer who subscribes his signature to a contemptuous observation is equally guilty for committing contempt of Court, the Bench of Justice BR Gavai and Justice Sandeep Mehta issued notice to Advocate Virendra Yadav, who had affirmed the affidavit, and also to Advocate on Record (AoR) Kuldip Singh, who had signed the Petition that contained alleged contemptuous statements.

"Issue notice to Shri Virendra Yadav, S/o Mataden, who has affirmed the affidavit, and also to Mr. Kuldip Singh, Advocate on Record for the petitioner(s), who has signed the petition calling upon them to show cause as to why an action for committing contempt of the Court be not initiated against them, returnable in four weeks," the Court said in its Order of March 15. 

The Petitioners had pleaded that they had been pressurized by the Judge of the Rajasthan High Court to withdraw their plea filed under Section 482 Cr.P.C. 

"The averments so made, in our view, are contemptuous in nature," the Court noted. 

During the dictation of the Order, Advocate R.K. Rathore tried to obstruct the functioning of the Court by interrupting every now and then. The Court noted instances where interruptions occurred during the dictation of orders, and even after the orders were passed, gestures were made exhibiting surprise.

Accordingly, the Bench said, "While we are dictating the order Mr. R.K. Rathore, learned counsel, tried to obstruct the functioning by interrupting every now and then. Even after the order is passed, he has started making gesture exhibiting surprise for the order that we have passed. Issue notice to Mr. R.K.Rathore, also."

Cause Title: Suman and Ors. v. State of Rajasthan & Anr. [Special Leave to Appeal (Crl.) No(s). 3531/2024]

Appearance:

Petitioner: Advocates R.K. Rathore, Kuldip Singh (AOR)

Click here to read/download the Order