Supreme Court of India

ANIL KUMARversusSTATE OF U.P.

Citation: 2014 INSC 413
Decided: 28 May 2014
Disposal: Dismissed
Bench: B S CHAUHAN

Holding

The Supreme Court upheld the conviction for criminal contempt but reduced the fine from Rs.20,000 to Rs.2,000.

Summary

The appellant, a lawyer, was convicted of criminal contempt under Section 12 of the Contempt of Courts Act, 1971, by the Allahabad High Court and fined Rs.20,000. He appealed the conviction and fine before the Supreme Court (Criminal Appeal No. 686 of 2010). The Supreme Court, while noting the judgment in the related Criminal Appeal No. 555 of 2010, dismissed the appeal but reduced the fine to Rs.2,000. The Court directed the appellant to surrender immediately to serve the sentence, failing which the Chief Judicial Magistrate of Meerut would ensure his custody. The order of conviction was upheld, but the penalty was moderated.

Issues considered

What is the appropriate penalty for a lawyer convicted of criminal contempt under Section 12 of the Contempt of Courts Act, 1971?
Whether the fine imposed by the High Court should be upheld or altered by the Supreme Court.

Legislation cited

Contempt of Courts Act, 1971s. 12

Subjects

criminal contemptlawyerfine reductionSupreme Courtappeal dismissalContempt of Courts Act

Judgment

                     [2014] 6 S.C.R. 561


                       ANIL KUMAR                                A
                             .v.
                       STATE OF U.P.
             (Criminal Appeal No. 686 of 2010)
                       MAY 28, 2014                              B
       [DR. B. S. CHAUHAN AND A.K. SIKRI, JJ.]

     Contempt of Courts Act, 1971 - s. 12 - Criminal contempt
by a lawyer- Conviction under- Held: In view of the judgment
passed in the connected appeal, order of conviction upheld,      C
however, imposition of fine of Rs. 20, 0001- on the appellant-
lawyer, reduced to Rs.2,0001- - Appellant to surrender to
seNe out the sentence.

    CRIMINAL APPELLATE JURISDICTION: Criminal Appeal             D
No. 686 of 2010.

      From the Judgment and Order dated 05.02.2010 of the
. Hon'ble High Court of Judicature at Allahabad in Contempt
  Application (Crl) No. 16 of 2009.
                                                                 E
    Jitendra Mohan Sharma, Shikha Bani, Sameer Singh,
Pahlad Singh Sharma for the Appellant.

     lrshad Ahmad, AAG, Abhisth Kumar, Archana Singh for
the Respondent.                                                  F

     The Judgment of the Court was delivered by

     DR. B.S. CHAUHAN, J. 1. In view of the judgment passed
today in connected Criminal Appeal No. 555 of 2010, this
appeal is dismissed. However, the fine of Rs.20,000/- imposed    G
on the appellant by the High Court by way of impugned
judgment and order, is reduced to Rs.2,000/- and is directed
to deposit the said fine forthwith.

                             561                                 H
    562          SUPREME COURT REPORTS          [2014] 6 S.C.R.


A      2. The appellant must surrender to serve out the sentence
  forthwith, failing which, the learned Chief Judicial Magistrate,
  Meerut, would secure his custody and send him to jail to serve
  out the sentence. A copy of the order be sent to the learned
  Chief Judicial Magistrate, Meerut, for information and
B compliance.

    Nidhi Jain                                    Appeal dismissed.

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