Karnataka HC Initiates Contempt Proceedings Against Advocate Who Threw Files & Made Derogatory Remarks
The Karnataka High Court initiated contempt proceedings suo motu against an advocate who threw files, raised his voice, and made derogative remarks against the Court.
An advocate threw his files in Court when he was asked to argue on the merits of the case since he wanted to appeal against an order passed for an interlocutory application.
The advocate not only raised his voice and spoke in a harsh manner before the Court, but also made derogative remarks against the Court stating that “he is not bothered about the consequences”.
The Court, despite his rude behaviour on several occasions, “ignored his arrogance” and had accommodated his presence before the Court. The Court noted that the counsel was “consistently protracting the proceedings by filing several applications, which is evident from the order sheet.”
However, considering the “events that transpired during the proceedings,” The Court initiated contempt proceedings against the advocate noting his misbehaviour, arrogance, backtalk, and violation of Court rules.
A Single Bench of Justice KS Hemalekha observed, “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. The cumulative acts of the advocate would amount to undermine the dignity and majesty of the Court apart from interference with the court’s normal proceedings and procedures.”
Advocate M. Veerabhadraiah represented the petitioner, while Advocate Venkatanarayana B S appeared for the respondents.
The backdrop of the proceedings was that the petitioner had filed an interlocutory application to reject a caveat filed by a General Manager (HR) of a company. The case of the petitioner was that the caveat was filed to execute a ‘vakalath’ in favour of an advocate to represent on the Manager’s behalf without producing any documentary evidence.
The Court dismissed the petitioner’s contention with a cost of Rs.10,000/. After the order was passed and when the advocate was requested to argue the matter on merits, “he threw the files aghastly stating that he wanted to appeal against the order passed.”
The Court observed with grave concern the arrogance of the advocate who used “singular language towards the Bench with a directive voice and inspite of the Court warning him to mind his behaviour, he…left the Court in sheer anger throwing the files.”
The Court directed The Registrar (Judicial) of the Court to take necessary steps to initiate suo motu criminal contempt proceedings against the petitioner’s counsel, Sri M.Veerabhadraiah under the provisions of Section 2(c) of the Contempt of Courts Act, 1971.
Accordingly, the High Court released the matter from part heard.
Cause Title: Sri. Annadurai. K v. The Govt of India
