Supreme Court of India
O.P. SHARMA & ORS.versusHIGH COURT OF PUNJAB & HARYANA
- Citation
- 2011 INSC 367
- Decided
- 9 May 2011
- Disposal
- Disposed off
- Bench
- P SATHASIVAM
Holding
An unconditional, bona‑fide apology filed under the proviso to s.12(1) of the Contempt of Courts Act is sufficient to discharge the contemnors, though such acceptance is an exception, not a rule.
Summary
Advocates O.P. Sharma and others verbally abused and threatened a Judicial Magistrate in a Faridabad court, using filthy language and slogans. The High Court, acting suo motu, convicted them of criminal contempt under s.2(c) of the Contempt of Courts Act, 1971 and sentenced them to simple imprisonment and fine. The advocates subsequently filed unconditional apologies in affidavits under the proviso to s.12(1) of the Act, both before the High Court and the Magistrate, and sought remission of punishment. The Supreme Court held that such bona‑fide unconditional apologies may be accepted, and, as an exception, discharged the appellants, while emphasizing that acceptance of apology should not become a rule. The newspaper that published the incident was also granted relief. The appeals were disposed of, setting aside the contempt convictions.
Issues considered
- The advocates' conduct amounted to criminal contempt of court under s.2(c) of the Contempt of Courts Act, 1971.
- Whether an unconditional apology filed under the proviso to s.12(1) of the Act can lead to discharge or remission of punishment.
- Whether the acceptance of an apology should be treated as an exception rather than a general rule.
- The liability of the newspaper owner/publisher for publishing the incident.
- The relationship between contempt proceedings and disciplinary action by the Bar Council of India.
Legislation cited
- Bar Council of India Rules, 1975s. Chapter II Part VI (Standards of Professional Conduct and Etiquette)
- Contempt of Courts Act, 1971s. 12(1), s. 2(c)
Subjects
criminal contemptjudicial dignityadvocacy ethicsunconditional apologycontempt remissionBar Council of Indiafreedom of expressionprofessional misconduct
Judgment
[2011] 6 S.C.R. 301
A
O.P. SHARMA & ORS.
v.
HIGH COURT OF PUNJAB & HARYANA
(Criminal Appeal Nos. 1108-1115 of 2004)
MAY 9, 2011 B
[P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.]
Contempt of Courts Act, 1971:
ss. 2(c) and 12(1) proviso, Explanation - Criminal C
contempt of Court - Advocates abusing the Judicial
Magistrate in filthy language and threatening him with dire
consequences - Matter referred to High Court - Newspaper
publishing the incident - Suo motu contempt proceedings
initiated by High Court against the advocates and the owner, D
publisher and Editor of newspaper - Unconditional apology
tendered by contemnors before High Court - On High Court's
directions contemnors appearing before Judicial Magistrate
concerned and tendering unconditional apology - Conviction
. by High Court of all the contemnors and sentence of six E
months/three months with fine - HELD: The material on
record shows that the advocates hurled abuses in filthy
, language and threatened' the Judicial Magistrate with dire
consequences - The contemnors have tendered
unconditional apology before the Judicial Magistrate, the High F
Court and this Court as well - They have given undertaking
that they would maintain good behaviour in future - In this
view of the matter, the unconditional apology tendered in the
form of affidavits in terms of s. 12(1) is accepted and all
contemnors are discharged - However, acceptance of an G
apology from a contemnor should only be a matter of
exception and not that of a rule - Bar Council of India Rules,
1975 - Advocates - Professional ethics.
301 H
302 SUPREME COURT REPORTS [2011] 6 S.C.R.
A Bar Council of India Rules, 1975:
Section I, Chapter II, Part IV - Standards of Professional
Conduct and Etiquette - Advocates - Duty to the court -
Advocates hurling abuses in filthy language and threatening
Judicial Magistrate with dire consequences - HELD:
B Advocacy touches and asserts the primary value of freedom
of expression - But the advocates and the party appearing
in person equally owe countervailing duty to maintain dignity,
decorum and order in court proceedings - Liberty of free
expression is not to be confounded or confused with license
C to make unfounded a/legations against any institution much
less the judiciary- A deliberate attempt to scandalize the court
which would shake the confidence of the litigating public in
the system, would cause a very serious damage to the name
of the judiciary -Advocates - Professional ethics -
o Advocates' Role and Ethical Standards.
Administration of Justice:
Professional conduct - Integrity and sanctity of an
institution which bestowed upon itself the responsibility of
E dispensing justice has to be maintained - All the
functionaries, be it advocates, judges and rest of the staff
ought to act in accordance with morals and ethics.
On 11.9.1999, when the Judicial Magistrate made an
order remanding the accused, represented by one of the
1• appellants-advocates, the advocate became enraged and
started hurling abuses and derogatory remarks against
the Judicial Magistrate concerned and threatened him
with dire consequences. He also called other 15-20
advocates and all of them joined together and shouted
G slogans and abuses in filthy language against the
Judicial Magistrate and also threatened him. The Judicial
Magistrate wrote a letter to the District and Sessions
Judge on 14.9.1999. This was followed by another letter
dated 24.9.1999 stating therein that two of the appellants-
H advocates had criminal record and had been indulging
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 303
& HARYANA
in pre$SUre tactics since long. The incident was A
published in a local newspaper which necessitated
action ,under the Act against the owner, publisher, printer
and Editor of the newspaper. Based on th,e letters of the
District and Sessions Judge, the High Court, suo motu,
initiated contempt proceedings against the appellants- B
contemnors. The contemnors filed separate affidavits
stating the circumstances in which the incident occurred
and regretted for the same and tendered unconditional
apology. On the direction of the High Court, all the
contemnors also appeared before the Judicial Magistrate c
concerned, expressed their regret and also tendered
unconditional apology. However, the High Court, taking
note of seriousness of the issue, and finding that the
reference made by the Magistrate was based upon
correct facts; and considering the overall conduct of the 0
contemnors found all of them guilty of criminal contempt
within the meaning of s.2(c) of the Act and sentenced
them to imprisonment for six months/three months with
a fine ofRs.1000-2000/- each. Aggrieved, the contemnors
filed the appeals.
E
Disposing of the appeals, the Court
HELD: 1.1. The material on record shows the
behaviour of the appellants-contemnors and the manner
in which they hurled abuses in filthy language and F
threatened the Judicial Magistrate with dire
consequences. [para 6-10) (311-G-H; 312-A-H; 313-A-C]
1.2. Section 1 of Chapter-II, Part VI titled "Standards
of Professional Conduct and Etiquette" of the Bar Council G
of India Rules specifies the duties of an advocate towards
the Court. [para 13) (313-H; 314-A]
Daroga Singh and Others vs. B.K. Pandey, 2004 (1)
=
Suppl. SCR 113 (2004) 5 SCC 26; R.D. Saxena vs.
H
304 SUPREME COURT REPORTS [2011) 6 S.C.R.
A
Bairam Prasad Sharma 2000 (2) Suppl. SCR 598 = (2000)
7 SCC 264; Mahabir Prasad Singh vs. Jacks Aviation Pvt.
Ltd., 1998 < 2 ) Suppl. SCR 675 = (1999) 1 sec 37 Ajay
Kumar Pandey, Advocate, In Re:, 1998 (2) Suppl. SCR 87 =
B (1998) 7 SCC 248, Chetak Construction Ltd. vs. Om Prakash
& Ors., 1998 (2) SCR 1016 = (1998) 4 SCC 577 Radha
Mohan Lal vs. Rajasthan High Cowt, 2003 (1) SCR 1011 =
(2003) 3 sec 427 - referred to.
1.3. An advocate's duty is as important as that of a
C Judge. Advocates have a large responsibility towards the
society. A client's relationship with his/her advocate is
underlined by utmost trust. An advocate is expected to
act with utmost sincerity and respect. In all professional
functions, an advocate should be diligent and his
D conduct should also be diligent and should conform to
the requirements of the law. Any violation of the principles
of professional ethics by an advocate is unfortunate and
unacceptable. Ignoring even a minor violation/
misconduct militates against the fundamental foundation
E of the public justice system. An ideal advocate should
believe that the legal profession has an element of
service also and associates with legal service activities.
Most importantly, he should faithfully abide by the
standards of professional conduct and etiquette
F prescribed by the Bar Council of India in Chapter II, Part
VI of the Bar Council of India Rules. [para 31) [328-C-H]
1.4. Advocacy touches and asserts the primary
value of freedom of expression, which is essential to the
rule of law and liberty of the citizens. The advocate or the
G party appearing in person, therefore, is given liberty of
expression. But they equally owe countervailing duty to
maintain dignity, decorum a·nd order in the court
proceedings or judicial processes. Any adverse opinion
about the judiciary should only be expressed in a
H
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 305
& HARYANA
detached manner and respectful language. The liberty of A
free expression is not to be confounded or confused with
licence to make unfounded allegations against any
institution, much less the judiciary. [para 19) [318-0-H]
D.C. Saxena vs. The Hon'ble Chief Justice of India, 1996 8
(3) Suppl. SCR 677 = (1996) 5 SCC 216; MB. & Sanghi,
Advocate vs. High Court of Punjab & Haryana, 1991 ( 3 )
SCR 312 =(1991) 3 SCC 600; L.D. Jaiswal v. State of Uttar
Pradesh, 1984 (3) SCR 833 =(1984) 3 SCC 405; R.K. Garg
Advocate v. State of Himachal Pradesh, 1981 (3) SCR 536 = C
(1981) 3 SCC 166; and La/it Mohan. Oas vs. Advocate
General, Orissa & Another, 1957 SCR 167 =AIR 1957 SC
250 - relied on.
In re: Vinay Chandra Mishra (the alleged contemner),
(1995) 2 SCC 534; Supreme Court Bar Association vs. Union D
of India & Anr., (1998) 4 SCC 409 - referred to.
1.5. A lawyer cannot be a mere mouthpiece of his
client and cannot associate himself with his client in
maligning the reputation of judicial officer merely E
because his client failed to secure the desired order from
the said officer. A deliberate attempt to scandalize the
court which would shake the confidence of the litigating
public in the system would cause a very serious damage
to the name of the judiciary. [para 26] [325-C]
F
M. Y. Shareef & Anr. Vs. Hon'ble Judges of Nagpur High
Court & Ors., (1955) 1 SCR 757; Shamsher Singh Bedi vs.
High Court of Punjab & Haryana, (1996) 7 SCC 99 - relied
on.
G
2.1. Affidavits have been filed by the appellants
reiterating what they had stated before the High Court
and the Magistrate concerned tendering unconditional
apology for the incident which took place in the court of
H
306 SUPREME COURT REPORTS [2011] 6 S.C.R.
A the Judicial Magistrate. They also assured this Court that
they would maintain good behaviour in future. Though
sub-s. (1) of s.12 of the Act enables the court to award
simple imprisonment for a term which may extend to six
months, proviso empowers the court that accused may
B be discharged or punishment awarded may be remitted
on apology being made to the satisfaction of the court.
In fact, Explanation to this Section makes it clear that an
apology shall not be rejected merely on the ground that
it is qualified or conditional if the accused makes it bona
c fide. [para 27) [327 -B-D]
2.2. Considering the plea made for the appellants,
their tendering unconditional apology, recorded even at
the initial stage before the High Court and before the
Judicial Magistrate concerned, and the affidavits filed
D before this Court once again expressing unconditional
apology and regret with an undertaking that they would
maintain good behaviour in future and in view of the
language used in 'proviso' and 'explanation' appended
to s. 12(1) of the Act the unconditional apology tendered
E in the form of affidavits in terms of proviso to s.12(1 ), filed
by all the appellants are accepted and they are
discharged. [para 28 and 34) [327-E-F; 329-C]
2.3. The owner, publisher, printer and Editor of the
F newspaper concerned has also filed a similar affidavit
before this Court. Considering the fact that the newspaper
has merely published what had happened in the court, it
would be just and fair to apply the same relief to him also.
It is reiterated that acceptance of an apology from a
G contemnor should only be a matter of exception and not
that of a rule. [para 29) [327 -G-H; 328-A)
3. A court, be that of a Magistrate or the Supreme
Court is sacrosanct. The integrity and sanctity of an
institution which has bestowed upon itself the
H
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 307
& HARYANA
responsibility of dispensing justice is ought to be A
maintained. All the functionaries, be it advocates, judges
and the rest of the staff ought to act in accordance with
morals and ethics. The Court hopes and trusts that the
entire legal fraternity. would set an example for other
· profession,als by adhering to all the above-mentioned B
principles. [para 30 and, 33) [328-B; 329-B]
Case Law Reference:
2004 (1 ) Suppl. SCR113 referred to Para 14
2000 (. 2 ) Suppl. SCR 598 referred to Para 15 c
1998 ( 2 ) Suppl. SCR 675 referred to Para 16
1998 ( 2 ) Suppl. SCR 87 referred to Para 17
1998'( 2 ) SCR 1016 referred to Para 18 D
2003 ( 1 ) SCR 1011 referred to Para 18
1996 ( 3 ) Suppl; SCR 677 relied on para 19
(1995) 2 SCC 534 referred to Para 20
E
(1998) 4 sec 409. referred to Para 21
1991 ( 3 ) SCR 312' relied on Para 22
1984 ( 3) SCR 833 relied. on Para 23
F
1981 ( 3· ) SCR 536· relied on Para 2-4
1957 SCR 167 relied on Para 25
(1955) 1 SCR 757 relied on Para 26
(1996) 1 sec 99 relied on Para 26 G
CRIMINAL APPELLATE JURISDICTION.: Criminal Appeal
No. 11 os~1115 of 2004.
H
308 SUPREME COURT REPORTS [2011] 6 S.C.R.
A From the Judgment & Order dated 25.8.2004 of the High
Court of Punjab and Haryana at Chandigarh at Criminal
O.C.P.Nos. 18 & 25 of 1999 and 3, 4, 5, 19, 19 & 20 of 2001.
WITH
B Criminal Appeal No. 1206 of 2004
V. Giri and Ram Jethmalani, Sapam Biswajit Meitei,
Mohammed Sadique T.A., Ashok Kr. Singh, Anil K. Sharma,
Dr. Ramesh K. Haritash, Anil Karnwal, Balraj Malik, R.C.
c Kaushik, Dayan Krishnan Sharma and S. Chandra Shekhar for
the appearing parties.
The Judgment of the Court was delivered by
P. SATHASIVAM, J. 1. Criminal Appeal Nos. 1108-1115
D of 2004 are directed against the common judgment and final
order dated 25.08.2004 passed by the Division Bench of the
High Court of Punjab and Haryana at Chandigarh in Crl. O.C.P.
Nos. 18 and 25 of 1999, Crl. O.C.P. Nos. 3,4,5,18,19 and 20
of 2001 whereby the Division Bench after rejecting the claim
E of the appellants herein found all of them guilty of criminal
contempt and convicted them under Section 12 read with
Sections 15 and 2(c) of the Contempt of Courts Act, 1971
(hereinafter referred to as "the Act")and sentenced them to
various terms of simple imprisonment and fine. Feeling
F aggrieved by the order of conviction and sentence, one i
Surinder Sharma has filed Crl. A. No. 1206 of 2004. Since the
issue in all these appeals is common and relate to one incident,
they are being disposed of by the following judgment.
2. Brief facts:
G
(a) The District and Sessions Judge, Faridabad, by his
letter dated 16.09.1999, addressed to the Registrar. High
Court of Punjab & Haryana, forwarded Letter No. 376 dated
14.09.1999 written by Shri Rakesh Singh, Civil Judge (Junior
H
O.P..SHARMA & ORS. v. HIGH COURT OF PUNJAB 309
& HARYANA [P. SATHASIVAM, J.]
Division-cum-Judicial Magistrate, 1st Class) Faridabad which A
was addressed to him. In the said letter, the Judicial Magistrate
has stated that on 11.09.1999 at about 3 p.m., when he was
dealing with the remand of accused Soran in FIR No. 136 dated
13.06.1999, under Sections 393/452/506/34 of the Indian Penal
Code (hereinafter referred to as "the IPC") pertaining to Police B
Station Chhainsa, the Assistant Public Prosecutor requested
him for remanding the accused to police custody. By that time,
Mr. L.N. Prashar, Advocate, one of the contemnors/appellants
herein, who represented the accused, opposed the request of
police remand. After hearing the arguments, the Magistrate c
remanded the accused to police custody. When the order of
police remand was not found favourable, Mr. L.N. Prashar,
advocate became enraged and started hurling abuses and
derogatory remarks against him. Upon hearing the remarks, he
tried to pacify him and requested him to behave properly but
0
he did not relent and again uttered unparliamentary words and
also threatened him with dire consequences.
(b) It was further stated that the accused Soran was being
produced in four criminal cases on that very day and was being
represented by Mr. Prashar in all the matters. When he took E
another remand paper of the same accused, Mr. Prashar
became furious and again uttered unparliamentary words and
also threatened him. When he kept on sitting on the dias, Mr.
Prashar called his fellow colleagues including Mr. O.P. Sharma,
Rajinder Sharma, Surinder Sharma, Advocates, in total about F
15-20 advocates, who all belonged to the same group. Then,
he requested Mr. O.P. Sharma, who is a senior member of the
Bar, to request Mr. Prashar to behave properly in the Court.
However, Mr. O.P. Sharma sided with Mr. Prashar and along
with other advocates shouted slogans and abus.ed in filthy G
language and also threatened him.
(c) It was further stated that advocates were very
aggressive and wanted to assault him physically. To avoid any
further deterioration in the situation, he retired to his Chamber.
H
310 SUPREME COURT REPORTS [2011] 6 S.C.R.
•
A One of his staff members, namely, Shri Raj Kumar, Ahlmad, had
informed the Chief Judicial Magistrate, Faridabad and the
Judicial Magistrate, 1st Class, Faridabad about the incident and
they came to his Chamber and they also overheard Mr. Prashar,
shouting in the Court. After sometime, Mr. O.P. Goyal, Addi.
B District & Sessions Judge, Faridabad came there and pacified
the advocates.
(d) In continuation of his letter dated 14.09.1999, the
Magistrate addressed another letter dated 24.09.1999 to the
C District Judge, Faridabad. In the said letter, it was stated that
Mr. Prashar and Mr. 0 .P. Sharma, Advocates had criminal 1
.
record and these persons have indulged in pressure tactics
since long and highlighted all the details about them.
(e) The entire incident was published in a local newspaper
D 'Mazdoor Morcha' which necessitated action under the Act
against Shri Satish Kumar, owner, publisher, printer and Editor
of the said newspaper.
(f) Based on the letter of the District & Sessions Judge as
~ well as letter of the Judicial Magistrate, Faridabad, the High '
Court took the matter by suo motu and initiated contempt
proceedings against the contemnors under Section 2(c) of the
Act relating to the incident which took place on 11.09.1999 in
the Court of Shri Rakesh Singh, Civil Judge, Faridabad for
F taking appropriate action.
3. Before the High Court, the respective contemnors/
advocates filed affidavits highlighting the circumstances under
which the unfortunate incident occurred and by filing separate
affidavits they tendered unconditional apology and also'
G regretted for the same. On direction by the High Court, all of
them appeared before the Magistrate concerned and
expressed their regret and also tendered unconditional
apology. The Division Bench, taking note of seriousness of the
issue and finding that the reference made by the Magistrate is
H based upon correct facts and overall conduct of the contemnors
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 311
& HARYANA [P. SATHASIVAM, J.)
found all of them guilty of criminal contempt within the meaning A
of Section 2(c) of the Act and imposed simple imprisonment
of six months/three months with a fine of Rs.1,000-2,000/- each.
As stated earlier, challenging the said conviction and sentence,
the above appeals have been filed.
B
4. Heard Mr. Ram Jethmalani and Mr. V. Giri, learned
1 senior counsel for the appellants and Mr. S. Chandra Shekhar,
learned counsel for the respondent.
Submission of Mr. Ram Jethmalani
c
5. At the outset, Mr. Ram Jethmalani, learned senior
counsel for the appellants submitted that in view of the fact that
the appellants herein, after realizing their mistake immediately,
offered unconditional apology by filing affidavits before the High
1
Court and also appeared before the Magistrate before whom 0
the unfortunate incident had occurred, tendered apology and
. regret for their action, prayed for leniency and setting aside the
order of the High Court sentencing the contemnors to jail. He
also submitted that inasmuch as the alleged incident· had
occurred in September, 1999, considering the passage of time E
and by realizing the mistake tendered unconditional apology
before the High Court as well as before the concerned
Magistrate, their sentence of imprisonment may be set aside.
He further submitted that all the appellants/contemnors prepared
to file fresh affidavits conveying their unconditional apology and F
regret for the incident and also assured that they would not
indulge in such activities in future.
Controversial behaviour of the Contemnors
6. Before considering the acceptability of the affidavits filed G
1 by the appellants, in order to visualize seriousness of the matter,
it is useful to refer the exchange of words and behaviour of the
appellants (in English version) while the Magistrate remanded
the accused Soran to police custody. They are:
H
312 SUPREME COURT REPORTS [2011] 6 S.C.R.
A "You have taken bribe. You do all works only after taking
bribe. You are indulging in gangism."
"What can you do to me. You may make contempt against
me. I will suck your blood. I will not leave you till High Court.
Bahanchod, you are considering this Court as inn. Come
B
out, we will just now teach you a taste of Judgeship. My
name is L.N. Prashar. You will come to know today as to
how you pass orders against me. Even earlier, criminal
cases are pending against me. If one more case proceeds
against me, it would make no difference. It would cause you
c very clearly to have an enmity with me and now I will see
to it that I suck your blood. If you have any courage, you
come out."
7. When the Magistrate took up another remand paper of
D the same accused, Mr. Prashar, again became furious and
uttered that:
"You dismiss this bail application. I have no faith in your
Court. I am not going to furnish any bail bonds. There is
no need for us to have any bail from your Court."
E
8. At that stage, the Magistrate asked his Reader to call
the Chief Judicial Magistrate, Faridabad so that the situation
could be brought under control. On this, Mr. Prashar remarked:
F "What can your CJM do. You may call him as well. We will
see your CJM also. You are indulging in big gangism."
9. Thereafter, the Magistrate requested Mr. O.P. Sharma,
Advocate, who is a senior member of the Bar, to request Mr.
G Prashar to behave properly in the Court. However, Mr. O'.P.
Sharma, Advocate, sided with Mr. Prashar and shouted.
"We will do like this only. Lock his Court and raise slogans
against him .... On the asking of Shri O.P. Sharma,
Advocate~ other Advocates accompanying him raised
H slogans, "RAKESH SINGH MURDABAD, RAKESH
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 313
& HARYANA [P. SATHASIVAM, J.]
SINGH MURDABAD ..... A
..... He was also threatened by saying you come out. We
will see your gangism."
10. When all the officers were sitting in the chamber of the
Magistrate, they over-heard Mr. Prashar shouting in the Court B
in loud voice saying,
"You are indulging in gangism. You are passing orders of
'
I your choice. The contempt can not harm me. I will see to it
as to how you remain in service." c
Professional Conduct and Etiquette - Rules and
decisions of this Court
11. In the light of the above scenario, before considering
the fresh affidavits filed before this Court by the appellants- D
Advocates, let us recapitulate various earlier orders of this Court
as to the duties of lawyer towards the Court and the Society
being a member of the legal profession.
12. The role and status of lawyers at the beginning of E
Sovereign and Democratic India is accounted as extremely vital
in deciding that the Nation's administration was to be governed
by the Rule of Law. They were considered intellectuals amongst
the elites of the country and social activists amongst the
downtrodden. These include the names of galaxy of lawyers like
F
Mahatma Gandhi, Motilal Nehru, Jawaharlal Nehru, Bhulabhai
Desai, C. Rajagopalachari, Dr. Rajendra Prasad and Dr. B.R.
Ambedkar, to name a few. The role of lawyers in the framing
of the Constitution needs no special mention. In a profession
with such a vivid history it is regretful, to say the least, to witness
instances of the nature. of the present kind. Lawyers are the G
officers of the Court in the administration of justice.
13. Section I of Chapter-II, Part VI titled "Standards of
Professional Conduct and Etiquette" of the Bar Council of.India
H
314. SUPREME COURT REPORTS··· '· [2011) 6 S.C.R.
A Rules specifies the duties of an advocate towards the Court
which reads as under: . ·
"Section I - Duty to the Court
1. An advocate shall, during the presentation of his case
B and while otherwise acting before·a court, conduct himself
with dignity and ·self~respect. He shall not be ·'servile and
whenever there is proper ground for serious complaint
against a judicial officer, it shall be his rightand duty to
submit his grievance to proper authorities. · ·
c ..
2. An advocate shall mai~tain towards· the courts a
respectful attitude, bearing in mind th~t the dignity of the
judicial office is essential for the survival of a free
.community. . .
D a
. 3. An advocate shall not influence the decision of court .
by any illegal or improper n;ieans. Private communications
. a
·. with judge relating to a pending case are forbidden ..
. . ,·. . - ' .
· 4. An advocate shall use his best efforts tO 'resfr~in and .
E prevent his client from resorting to sharp 6r unfair practices
or from doing anything in !'elation to the court, opposing
counsel or parties which the advocates himself ought not
to do. An advocate shall refuse to represent the client who
persists in such improper conduct. He shall not consider
F himself a mere mouth-piece of the client, and shall
exercise .his own judgement in l~e ·use of restrained
language in correspondence, avoiding _scurrilous attacks
in pleadings, and using intemperate language dµring
. arguments in court.
G 5. An advocate shall appear in court at all limes only in the
prescribed dress, and his appearance shall always be
presentable. · ·· · · ·
6. An advocate shall not enter appearance, act, plead or
H ·practise in any way before a court, Tribunal orAuthority
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 315
& HARYANA [P. SATHASIVAM, J.]
mentioned in Se.ction 30 of the Act, if the sole or any A
member thereof is related to the advocate as father,
grandfather, son, grand-son, uncle, brother, nephew, first
cousin, husband, wife, mother, daughter, sister, aunt,
niece, father-in-law, mother-in-law, son-in-law, brother-in-
law daughter-in-law or sister-in-law. B
For the purposes of this rule, Court shall mean a
Court, Bench or Tribunal in which above mentioned relation
of the Advocate is a Judge, Member or the Presiding
Officer.
c
7. An advocate shall not wear bands or gown in public
places other than in courts except on such ceremonial
occasions and at such places as the Bar Council of India
or the court may prescribe.
D
8. An advocate shall not appear in or before any court or
tribunal or any other authority for or against an organisation
or an institution, society or corporation, if he is a member
of the Executive Committee of such organisation or
institution or society or corporation. "Executive Committee E
", by whatever name it may be called, shall include any
Committee or body of persons which, for the time being,
is vested with the general management of the affairs of the
organisation or institution, society or corporation.
Provided that this rule shall not apply to such a F
member appearing as "amicus curiae" or without a fee on
behalf of a Bar Council, Incorporated Law Society or a Bar
Association.
9. An Advocate should not act or plead in any matter in G
which he is himself peculiarly interested.
Illustration
I. He should not act in a bankruptcy petition when he
himself is also a creditor of the bankrupt. H
316 SUPREME COURT REPORTS [2011] 6 S.C.R.
A II. He should not accept a brief from a company of which
he is Director.
10. An advocate shall not stand as a surety, or certify the
soundness of a surety for his client required for the purpose
B of any legal proceedings."
14. In the case of Daroga Singh and Others vs. B.K.
Pandey, (2004) 5 SCC 26, one Additional District and
Sessions Judge was attacked in a pre-planned and calculated
manner in his courtroom and chamber by police officials for not
C passing an order they sought. This Court held that,
"The Courts cannot be compelled to give "command
orders". The act committed amounts to deliberate
interference with the discharge of duty of a judicial officer
D by intimidation apart from scandalizing and lowering the
dignity of the Court and interfe~ence with the administration
of justice. The effect of such an act is not confined to a
particular court or a district, or the State, it has the tendency
to effect the entire judiciary in the country. It is a dangerous
E trend. Such a trend has to be curbed. If for passing judicial
orders to the annoyance of the police the presiding officers
of the Courts are to be assaulted and humiliated the judicial
system in the country would collapse."
15. In R.D. Saxena vs. Bairam Prasad Sharma, (2000) 7
F SCC 264, this Court held as under:
"In our country, admittedly, a social duty is cast upon the
legal profession to show the people beckon (sic beacon)
light by their conduct and actions. The poor, uneducated
G and exploited mass of the people need a helping hand
from the legal profession, admittedly, acknowledged as a
most respectable profession. No effort should be made or
allowed to be made by which a litigant could be deprived
of his rights, statutory as well as constitutional, by an
H advocate only on account of the exalted position conferred
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 317
& HARYANA [P. SATHASIVAM, J.]
upon him under the judicial system prevalent in the A
coun try ........ "
16. In Mahabir Prasad Singh vs. Jacks Aviation Pvt. Ltd.,
(1999) 1 SCC 37, this Court held that it is the solemn duty of
every Court to proceed with judicial function during Court hours
8
and no Court should yield to pressure tactics or boycott calls
or any kind of browbeating. The Bench as well as the Bar has
to avoid unwarranted situations or trivial issues that hamper the
cause of justice and are in the interest of none.
17. In the case of Ajay Kumar Pandey, Advocate, In Re: C
, (1998) 7 sec 248, the advocate was charged of criminal
contempt of Court for the use of intemperate language and
casting unwarranted aspersions on various judicial officers and
attributing motives to them while discharging their judicial
functions. This Court held as under: D
"The subordinate judiciary forms the very backbone of
administration of justice. This Court would come down a
heavy hand for preventing the judges of the subordinate
judiciary or the High Court from being subjected to E
scurrilous and indecent attacks, which scandalise or have
the tendency to scandalise, or lower or have the tendency
to lower the authority of any court as also all such actions
which interfere or tend to interfere with the due course of
any judicial proceedings or obstruct or tend to obstruct the
administration of justice in any other manner. No affront to F
the majesty of law can be permitted. The fountain of justice
cannot be allowed to be polluted by disgruntled litigants.
The protection is necessary for the courts to enable them
to discharge their judicial functions without fear."
G
18. In Chetak Construction Ltd. vs. Om Prakash & Ors.,
(1998) 4 SCC 577, this Court deprecated the practice of
making allegations against the Judges and observed as under:
"Indeed, no lawyer or litigant can be permitted to browbeat
318 SUPREME COURT REPORTS [2011) 6 S.C.R.
A the court or malign the presiding officer with a view to get
a favourable order. Judges shall not be able to perform
their duties freely and fairly if such activities were permitted
and in the result administration of justice would become a
casualty and rule of law would receive a setback. The
B Judges are obliged to decide cases impartially and without
any fear or favour. Lawyers and litigants cannot be allowed
to "terrorize" or "intimidate" Judges with a view to "secure"
orders which they want. This is basic and fundamental and
no civilised system of administration of justice can permit
c it ........ "
Similar view has been reiterated in Radha Mohan Lal vs.
Rajasthan High Court, (2003) 3 SCC 427.
19. Advocacy touches and asserts the primary value of
D freedom of expression. It is a practical manifestation of the
principle of freedom of speecn. Freedom of expression in
arguments encourages the development of judicial dignity,
forensic skills of advocacy and enables protection of fraternity,
equality and justice. It plays its part in helping to secure the
E protection or other fundamental human rights, freedom of
expression, therefore, is one of the basic conditions for the
progress of advocacy and for the development of every man
including legal fraternity practising the profession of law.
Freedom of expression, therefore, is vital to the maintenance
F of free society. It is essential to the rule of law and liberty of
the citizens. The advocate or the party appearing in person,
therefore, is given liberty of expression. But they equally owe
countervailing duty to maintain dignity, decorum and order in
the court proceedings or judicial processes. Any adverse
G opinion about the judiciary should only be expressed in a
detached manner and respectful language. The liberty of free
expression is not to be confounded or confused with licence
to make unfounded allegations against any institution, much
less the judiciary [vide D. C. Saxena vs. The Hon'ble Chief
H Justice of India, (1996) 5 SCC 216).
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 319
& HARYANA [P. SATHASIVAM, J.]
20. In the matter of In re: Vinay Chandra Mishra (the A
alleged contemner), (1995) 2 sec 534, the contemner who
was a senior advocate, President of the Bar and Chairman of
the Bar Council of India, on being questioned by the Judge
started to shout and said that no question could have been put
to him and that he will get the High Court Judge transferred or · B
see that impeachment motion is brought against him in
Parliament. This Court while sentencing him to simple
imprisonment for six weeks suspended him from practising as
an advocate for a period of three years and laid down as
follows: c
"The contemner has obviously misunderstood his function
both as a lawyer representing the interests of his client and
as an officer of the court. Indeed, he has not tried to defend
the said acts in either of his capacities. On the other hand,
he has tried to deny them. Hence, much need not be said D
on this subject to remind him of his duties in both the
capacities. It is, however, necessary to observe that by
indulging in the said acts, he has positively abused his
position both as a lawyer and as an officer of the Court,
and has done distinct disservice to the litigants in general E
and to the profession of law and the administration of
justice in particular."
21. In the case of Supreme Courl Bar Association vs.
Union of India & Anr., (1998) 4 SCC 409, a Constitution Bench F
of this Court overruled In re: Vinay Chandra Mishra (the
alleged contemner) and held as under:
"The power of the Supreme Court to punish for contempt
of court, though quite wide, is yet limited and cannot be
expanded to include the power to determine whether an G
advocate is also guilty of "Professional misconduct" in a
summary manner which can only be done under the
procedure prescribed in the Advocates Act. The power to
do.complete justice under Article 142 is in a way,
corrective power, which gives preference to equity over law H
320 SUPREME COURT REPORTS [2011] 6 S.C.R.
A but it cannot be used to deprive a professional lawyer of
the due process contained in the Advocates Act 1961 by
suspending his licence to practice in a summary manner,
while dealing with a case of contempt of court."
B It also opined that:-
"An Advocate who is found guilty of contempt of court may
also, as already noticed, be guilty of professional
misconduct in a given case but it is for the Bar Council of
the State or Bar Council of India to punish that Advocate
c by either debarring him from practice or suspending his
licence, as may be warranted, in the facts and
circumstances of each case. The learned Solicitor General
informed us that there have been cases where the Bar
Council of India taking note of the contumacious and
D objectionable conduct of an advocate, had initiated
disciplinary proceedings against him and even punished
him for "professional misconduct", on the basis of his
having been found guilty of committing contempt of court.
We do not entertain any doubt that the Bar Council of the
E State or Bar Council of India, as the case may be, when
apprised of the established contumacious conduct of an
advocate by the High Court or by this Court, would rise to
the occasion, and taken appropriate action against such
an advocate. Under Article 144 of the Constitution "all
F authorities, civil and judicial, in the territory of India shall act
in aid of the Supreme Court. The Bar Council which
performs a public duty and is charged with the obligation
to protect the dignity of the profession and maintain
professional standards and etiquette is also obliged to act
G
"in aid of the Supreme Court ". It must, whenever, facts
warrant rise to the occasion and discharge its duties
uninfluenced by the position of the contemner advocate. It
must act in accordance with the prescribed procedure,
whenever its attention is drawn by this Court to the
contumacious and unbecoming conduct of an advocate
H
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 321
& HARYANA [P. SATHASIVAM, J.]
which has the tendency to interfere with due administration A
of justice ..... "
The Bench went on to say :-
"......... There is no justification to assume that the Bar
Council is would not rise to the occasion, as they are B
equally responsible to uphold the dignity of the courts and
the majesty of law and prevent any interference in the
administration of justice. Learned counsel for the parties
present before us do not dispute and rightly so that
whenever a court of record, records its findings about the C
conduct of an Advocate while finding him guilty of
committing contempt of court and desires or refers the
matter to be considered by the concerned Bar Council,
appropriate action should be initiated by the concerned Bar
Council in accordance with law with a view to maintain the o
dignity of the courts and to uphold the majesty of law and
·professional standards and etiquette."
22. fn M.B. & Sanghi, Advocate vs. High Court of Punjab
& Haryana, (1991) 3 SCC 600, this Court took notice of the
growing tendency amongst some of the Advocates of adopting E
a defiant attitude and casting aspersions having failed to
persuade the Court to grant an order in the terms they expect.
Holding the Advocates guilty of contempt, this Court observed
as under:
F
"The tendency of maligning the reputation of Judicial
Officers by disgruntled elements who fail to secure the
desired order is ever on the increase and it is high time it
is nipped fat the bud. And, when a member of the
profession resorts to such cheap gimmicks.with' a view to G
browbeating the Judge into submission, it is all the more
painful. When there is a deliberate attempt to scandalise
which would shake the confidence of the litigating public
in the system the damage caused is not only to the
reputation of the concerned Judge but also to the fair name H
322 SUPREME COURT REPORTS (2011] 6 S.C.R.
A of the judiciary, Veiled threats, abrasive behavior, use of
disrespectful language and at times blatant condemnatory
attacks like the present one are often designedly
employed with a view to taming a judge into submission
to secure a desired order. Such cases raise larger issues
8 touching the independence of not only the concerned
Judge but the entire institution. The foundation of our
system which is based on the independence and
impartiality of those who man it will be shaken if
disparaging and derogatory remarks are made against the
Presiding Judicial Officers with impunity. It is high time that
c we realise that the much cherished judicial independence
has to be protected not only from the executive or the
legislature but also from those who are an integral part of
the system."
D 23. In the case of L.D. Jaikwal v. State of Uttar Pradesh,
(1984) 3 SCC 405, it.was held by this Court that acceptance
of an apology from ~ contemnor should only be a matter of
exception and not that of a rule and expressed its opinion as
under:
E
."6. We do not think that merely because the appellant has
tendered his apology we should set aside the sentence
and allow him to go unpunished. Otherwise, all that a
person wanting to intimidate a Judge by making the
grossest imputations against him to do, is to go ahead
F
and scandalize him, and later on tender a formal empty
apology which costs him practically nothing. If such an
apology were to be accepted, as a rule, and not as an
exception, we would in fact be virtually issuing a 'licence'
to scandalize courts and commit contempt of court with
G impunity. It will be rather difficult to persuade members of
the Bar, who care for their self-respect, to join the judiciary
if they are expected to pay such a price for it. And no
sitting Judge will feel free to decide any matter as per the
of his conscience on account of the fear of being
H
0.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 323
& HARYANA [P. SATHASIVAM, J.]
scandalized and prosecuted by an advocate who does not A
mind making reckless allegations if the Judge goes
against his wishes. If this situation were to be
countenanced, advocates who can cow down the Judges,
and make them fall in line with their wishes, by threats of
character assassination and persecution, will be preferred B
by the litigants to the advocates who are mindful of
professional ethics and believe in maintaining the decorum
of courts.
7. We have yet to come across a Judge who can take a C
decision which does not displease one side or the other.
By the very nature of his work he has to decide matters
against one or other of the parties. If the fact that he renders
a decision which is resented to by a litigant or his lawyer
were to expose him to such risk, it will sound the death
knell of the institution. A line has therefore to. be drawn D
somewhere, some day, by someone. That is why the Court
is impelled to act (rather than merely sermonize), much as
the Court dislikes imposing punishment whilst exercising
the contempt jurisdiction, which no doubt has to be
exercised very sparingly and with circumspection. We do E
not think that we can adopt an attitude of unmerited
leniency at the cost of principle and at the expense of the\
Judge who has been scandalized. We are fully aware that
it is not very difficult to show magnanimity when someone
else is the victim rather than when oneself is the victim. To F
pursue a populist line of showing indulgence is not very
difficult - in fact it is more difficult to resist the temptation
to do so rather than to adhere to the nail-studded path of
duty. Institutional perspective demands that considerations
of populism are not allowed to obstruct the path of duty. G
We, therefore, cannot take a lenient or indulgent view of
this matter. We dread the day when a Judge cannot work
with independence by reason of the fear that a disgruntled
member of the Bar can publicly humiliate him and heap
disgrace on him with impunity, if any of his orders, or the H
324 SUPREME COURT REPORTS [2011] 6 S.C.R.
A decision rendered by him, displeases any of the
advocates, appearing in the matter.
24. In the case of R.K. Garg Advocate v. State of-
Himachal Pradesh, (1981) 3 SCC 166, where a lawyer hurled
B a shoe on the judicial officer which hit him on the shoulder, this
Court opined that there is no doubt that the Bar and the Bench
are an integral part of the same mechanism which administers
justice to the people. Many members of the Bench are drawn
from the Bar and their past association is a source of
inspiration and pride to them. It ought to be a matter of equal
C pride to the Bar. It is unquestionably true that courtesy breeds
courtesy and just as charity has to begin at home, courtesy must
begin with the Judge. A discourteous Judge is like an ill-tuned
instrument in the setting of a courtroom. But members of the
Bar will do well to remember that such flagrant violations of
D professional ethics and cultured conduct will only result in the
ultimate destruction of a system without which no democracy
can survive.
25. In La/it Mohan Das vs. Advo~ate General, Orissa &
E Another, AIR 1957 SC 250, this Court observed as under:
"A member of the Bar undoubtedly owes a duty to his
client and must place before the Court all that can fairly and
reasonably be submitted on behalf of his client. He may
even submit that a particular order is not correct and may
F ask for a review of that order. At the same time, a member
of the Bar is an officer of the Court and owes a duty to the
Court in which he is appearing. He must uphold the dignity
and decorum of the Court and must not do anything to bring
the Court itself into disrepute. The appellant before us
G grossly overstepped the limits of propriety when he made
imputations of partiality and unfairness against the Munsif
in open Court. In suggesting that the Munsif followed no
principle in his orders, the appellant was adding insult to
injury, because the Munsif had merely upheld an order of
H his predecessor on the preliminary point of jurisdiction and
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 325
& HARYANA [P. SATHASIVAM, J.]
Court fees, which order had been upheld by the High Court A
in revision. Scandalizing the Court in such manner is really
polluting the very fount of justice; such conduct as the
appellant indulged in was not a matter between an
individual member of the Bar and a member of the judicial
service; if brought into disrepute the whole administration B
of justice."
26. A lawyer cannot be a mere mouthpiece of his client
and cannot associate himself with his client in maligning the
reputation of judicial officer merely because his client failed to C
secure the desired order from the said officer. A deliberate
attempt to scandalize the Court which would shake the
confidence of the litigating public in the system and would cause
a very serious damage to the name of the judiciary. [vide M. Y.
Shareef & Anr. Vs. Hon'ble Judges of Nagpur High Court &
Ors., (1955) 1 SCR 757; Shamsher Singh Bedi vs. High Court D
of Punjab & Haryana, (1996) 7 SCC 99 and M.B. Sanghi,
Advocate vs. High Court of Punjab & Haryana & Ors. (supra)].
27. Mr. Ram Jethmalani, learned senior counsel,
strenuously pleaded to accept the solemn statements made by E
all the appellants-Advocates in the form of affidavits dated
28.04.2011. Now, we are reproducing the affidavit filed before
us by Mr. O.P. Sharma (appellant No.1 herein):
"IN THE SUPREME COURT OF INDIA
F
CRIMINAL APPELLATE JURISDICTlON
IN
CRIMINAL APPEAL NOS. 1108-1115 OF 2004
G
In the matter of
O.P. Sharma & Ors .
. . . .. . . . . .. Petitioners
H
326 SUPREME COURT REPORTS [2011] 6 S.C.R.
A Versus
High Court of Punjab & Haryana
........ Respondent
AFFIDAVIT
B
I, O.P. Sharma, S/o Late Shri M.R. Sharma aged about
61 years R/o 252 Sector-9, Faridabad, Haryana presently
at New Delhi do hereby solemnly affirm and state as
under:-
c 1. That the Deponent is one of the appellants in the
abovementioned Appeals.
2. That the deponent has the highest and abiding faith in
the institution of Judiciary and can not imagine saying or
D doing any thing which would undermine the dignity and
prestige of the institution.
3. That the deponent hereby tenders unconditional apology
before this Hon'ble Court for thE. !ncident which took place
E in the Courts at Faridabad out of which this contempt
proceedings arise and further undertake to maintain a
good behaviour in future.
4. That at the first available opportunity the unconditional
apology and undertaking for maintaining good behaviour
F was filed before the Ld. Magistrate.
Sd/-
Deponent
G VERIFICATION
I the abovenamed deponent do hereby verify that the
contents of the above affidavit are true to the best of my
knowledge.
H
O.P. SHARMA & ORS. v. HIGH COURT OF PUNJAB 327
& HARYANA [P. SATHASIVAM, J.]
Verified at New Delhi on this 28th Day of April, 2011. A
Sd/-
Deponent"
Similar affidavits have been filed by other appellants reiterating B
what they had stated before the High Court and the Magistrate
concerned tendering unconditional apology for the incident
which took place in the Court at Faridabad. They also assured
this Court that they would maintain good behaviour in future.
Though sub-Section 1 of Section 12 of the Act enables the court c
to award simple imprisonment for a term which may extend to
six months, proviso empowers the court that accused may be
discharged or punishment awarded may be remitted on
apology being made to the satisfaction of the court. In fact,
Explanation to this Section makes it clear that an apology shall D
not be rejected merely on the ground that it is qualified or
conditional if the accused makes it bona fide.
28. Considering the plea made by Mr. Ram Jethmalani,
learned senior counsel and President of the Supreme Court
Bar Association, in tendering unconditional apology, recorded E
even at the initial stage before the High Court and before the
Magistrate, Faridabad before whom the unwanted incident had
occurred and the present affidavits filed before us once again
expressing unconditional apology and regret with an
undertaking that they would maintain good behaviour in future F
and in view of the language used in 'proviso' and 'explanation'
appended to Section 12(1) of the Act, we accept the affidavits
filed by all the Appellants.
29. Shri Satish Kumar, owner, publisher, printer and Editor G
of 'Majdur Morcha' newspaper has also filed affidavit before
this Court similar to one by the other appellants. Considering
the fact that the newspaper has merely published what had
happened in the Court, we are of the view that it would be just
and fair to apply the same relief to him also. We reiterate that H
328 SUPREME COURT REPORTS [2011] 6 S.C.R.
A acceptance of an apology from a contemnor should only be a
matter of exception and not that of a rule.
30. A Court, be that of a Magistrate or the Supreme Court
is sacrosanct. The integrity and sanctity of an institution which
B has bestowed upon itself the responsibility of dispensing justice
is ought to be maintained. All the functionaries, be it advocates,
judges and the rest of the staff ought to act in accordance with
morals and ethics.
Advocates Role and Ethical Standards:
c
31. An advocate's duty is as important as that of a Judge.
Advocates have a large responsibility towards the society. A
client's relationship with his/her advocate is underlined by
utmost trust. An advocate is expected to act with utmost sincerity
0 and respect. In all professional functions, an advocate should I
be diligent and his conduct should also be diligent and should
conform to the requirements of the law by which an advocate
plays a vital role in the preservation of society and justice
system. An advocate is under an obligation to uphold the rule
E of law and ensure that the public justice system is enabled to 1
function at its full potential. Any violation of the principles of
professional ethics by an advocate is unfortunate and
unacceptable. Ignoring even a minor violation/misconduct
militates against the fundamental foundation of the public justice
F system. An advocate should be dignified in his dealings to the '
Court, to his fellow lawyers and to the litigants. He should have
integrity in abundance and should never do anything that erodes
his credibility. An advocate has a duty to enlighten and
encourage the juniors in the profession. An ideal advocate
should believe that the legal profession has an element of
G service also and associates with legal service activities. Most
importantly, he should faithfully abide by the standards of
professional conduct and etiquette prescribed by the Bar
Council of India in Chapter II, Part VI of the Bar Council of India
Rules.
H
O.P. SHARMA &'ORS. v. HIGH COURT OF PUNJAB 329
& HARYANA [P. SATHASIVAM, J.] .
32. As a rule, an Advocate being a member of the legal A
profession has a social duty to show the people a beacon of ·
light by his conduct and actions rather than being adamant on
an unwarranted and uncalled for issue.
33. We hope and trust that the entire legal fraternity would B
set an example for other professionals by adhering to all the
above-mentioned principles.
34. In the light of the above discussion and reasons which
we have noted in the earlier paras and as an exception to the
general rule, we accept the unconditional apology tendered in C
the form of affidavits in terms of proviso to Section 12( 1) of the
Act and discharge all the appellants. ·
35. All the appeals are disposed of on the above terms ..
R.P. Appeals disposed of. D
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