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State Of Madhya Pradesh Through District Judge, Ujjain v. Shivmohan Singh And Another

State Of Madhya Pradesh Through District Judge, Ujjain v. Shivmohan Singh And Another

(Supreme Court Of India)

Criminal Appeal No. 1061 Of 1995 With No. 1062-82 Of 1995 | 31-08-2000

In all these appeals a litigant and his advocate were dealt with under the provisions of the Contempt of Courts Act for making scurrilous allegations against some judicial personage repeatedly and at different stages. In one such case (Miscellaneous Criminal Case No. 2733 of 1991) the High Court imposed a sentence of imprisonment for four months on the first respondent litigant and a fine of Rs. 1000. A sentence was imposed on the Advocate who is the second respondent herein, to undergo imprisonment for a period of 3 months and to pay a fine of Rs. 1000. We are told by both sides that both the respondents had undergone the sentence of imprisonment and remitted the fine. In regard to the other contempt proceedings the respondents tendered unconditional apology and that was accepted on 8-3-1995 and they were exonerated from the sentence in those cases. These appeals have been filed in challenge of the said order dated 8-3-1995.

We are told that the respondents have committed all the contempt activities only prior to the conviction and sentence imposed on them in Miscellaneous Criminal Case No. 2733 of 1991. If so, it is immaterial that the apology tendered by them was not accepted and the same sentence was imposed on them in those cases also because the High Court would only have directed all the sentences to run concurrently. For the aforesaid reason, it is not necessary to consider the question whether the unconditional apology should at all have been accepted by the High Court, particularly at this distance of time. This is more so because the respondent Advocate who was convicted and sentenced in one case cannot practise in the courts in respect of which he committed contempt, until he purges himself. We do not want to be vindictive and, therefore, we do not think it worthwhile to take any further action against the respondents.

Appeals are accordingly disposed of.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE K. T. THOMAS
  • HON'BLE JUSTICE R. P. SETHI
Eq Citations
  • (2001) 10 SCC 443
  • 2000 (3) ACR 2526 (SC)
  • JT 2000 (10) SC 491
  • LQ/SC/2000/1297
Head Note

Contempt of Courts Act, 1971 — Ss. 12(a) & (b) — Conviction for making scurrilous allegations against judicial personages — Unconditional apology tendered by litigant and his advocate — Acceptance of — Effect — Held, if all contempt activities were committed prior to conviction and sentence imposed, then it is immaterial that apology tendered by them was not accepted and same sentence was imposed on them in those cases also because High Court would only have directed all sentences to run concurrently — It is not necessary to consider question whether unconditional apology should at all have been accepted by High Court, particularly at this distance of time — Respondent Advocate who was convicted and sentenced in one case cannot practise in courts in respect of which he committed contempt, until he purges himself — Judiciary Memorial Library