Holding

An advocate convicted of contempt of court may not appear, act or plead in any court until he has sincerely repented, obtained the court's acceptance of his apology, and received an order confirming that he has purged the contempt.

Summary

The Kerala High Court convicted advocate K.A. Mohd. Ali of criminal contempt on two occasions under Section 12 of the Contempt of Courts Act, 1971. Despite the convictions, he continued to appear before courts, prompting the Kerala State Bar Council to bar him from pleading until he "purged" the contempt, invoking Rule 11 of the Kerala High Court Rules. The Bar Council of India set aside that interdict, leading the appellant Pravin C. Shah to appeal. The Supreme Court held that an advocate found guilty of contempt cannot appear in any court until he genuinely purges the contempt, which requires sincere remorse, an apology accepted by the court, and a formal order confirming the purge; mere payment of a fine is insufficient. The Court affirmed that Rule 11 is a self‑operating provision binding on advocates and that the Bar Council cannot override it. It also directed the Kerala High Court registrar to inform all subordinate courts of the interdict. The appeal was dismissed, reinstating the bar on the advocate.

Issues considered

When an advocate is convicted of contempt of court, may he continue to appear and plead in courts without purging the contempt?
What constitutes "purging" of contempt for an advocate convicted of criminal contempt?
Is Rule 11 of the Kerala High Court Rules binding on the disciplinary committee of the State Bar Council and the Bar Council of India?
Can the Bar Council of India set aside an interdict imposed under Rule 11?
Does the High Court have the authority to formulate rules regulating the appearance of advocates in its court?

Legislation cited

Advocates Act, 1961s. 34, s. 34(1)
Contempt of Courts Act, 1971s. 12

Subjects

contempt of courtadvocate disciplinepurging contemptRule 11Bar Council of IndiaHigh Court rulesprofessional misconductlegal ethics

Judgment

PRAVIN C. SHAH A
v.
K.A. MOHD. ALI AND ANR.

OCTOBER 9, 2001

[K.T. THOMAS AND S.N. VARIAVA, JJ.] B

Contempt of Courts Act, 197 I!Advocates Act, I 96 I-Section 12/Section
34-Rules framed by the High Court ~f Kerala-Rule 11-Advocate found
guilty ~f contempt of court-Convicted by High Court-Upheld by Supreme
Court-Sentence offine deleted-Advocate-Contemnor admonished-However, c
the Advocate continued to appear and conduct cases in court-State Bar
Council debarred him from pleading till he is purged ~f the contempt ~f
court-Bar Council of India set aside the order-On appeal, held not
justified-When an Advocate is punished .for contempt of court he cannot
appear thereafter as counsel in the courts unless he purges himse(f ~f such
contempt-High Courts have power to .formulate rules .for regulating the D
proceedings inside the court.

Words and Phrases:
'Purging'-Meaning of in the context of the Contempt of Courts Act,
1971. E
Respondent-Advocate was held guilty of contempt of court on two
successive occasions and was convicted by High Court under Section 12 of
Contempt of Courts Act, 1971. The respondent did not succeed in Supreme
Court except deletion of penalty in one case. Still he continued to appear
and conduct cases in. courts. Appellant brought the same to the notice of F
the State Bar Council which debarred him from pleading in any court till
he got himself purged of the contempt of court. On appeal, Bar Council of
India set aside the order. Hence the present appeal.

Disposing of the appeal, the Court
G
HELD : 1.1. When an advocate is punished for contempt of court he
cannot appear thereafter as a counsel in the courts, unless he purges
himself of such contempt. (680-B; C]

1.2. When an advocate has been found guilty of contempt of court his
authority to act or plead in any Court stands snapped, th:mgh perhaps for H
675
676 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R."
A the time being. If he does such things without the express permission of the
court he would again be guilty of contempt of court besides such act being
a misconduct falling within the purview of Section 34 of the Advocates Act.
The interdict as against him from appearing in Court as a counsel would
continue until such time as he purges himself of the contempt. [684-F-G]
B 2. The view that merely undergoing the penalty imposed on a
• contemnor is sufficient to complete the process of purging himself of the
contempt, particularly in a case where the contemnor is convicted of
criminal contempt, cannot be approved. The danger in giving accord to
the said view is that if a contemnor is sentenced to fine he can immediately
C pay it and continue to commit contempt in the same court, and then again
pay the fine and persist with his contemptous conduct. Therefore, there
must be something more to be done to get oneself purged of the contempt
when it is a case of criminal contempt. [686-B-D]
,
Dr. MadAn Gopal Gupta v. The Agra University & Ors., AIR (1974)
D Allahabad 39, disapproved. ._,_
3. Merely because· the Rules did .not prescribe the mode of purging
oneself of the guilt, it does not mean that one cannot purge the guilt at all.
When a contemnor is found guilty of a criminal contempt the first step is to
implant or infuse in his own mind real remorse about his conduct wbicl)
E the court found to have amounted to contempt of court. Next step is to seek
pardon from the court concerned fc;lr what he did on the ground that he
really and genuinely repented and th~t he has resolved not to commit any
such act in future. It is not enough that he tenders an apology. The apology
tendered should impress the court to be genuine and sincere. If the court is
F . so satisfied, it has to m~ke an order holding that the contemnor.has purged
' - ' .
himself of the C(!ntempt. Till such an order is passed by the court ,the
delinquent Advoc?te would continue to be .under the spell of the interdict
· contained in Rule 11. [686-D-F; 687-F;G]

Mulk Raj v. State of Punjab, [1972] 3 SCC 839, relied on.
! .
· M.Y. Shareef and Am: v. Hon'ble Judges of the Nagpur High Court and
Ors., AIR (1955) SC19 and M.B. Sanghi, Advocate v. High Court of Punjab
and Haryana and Ors., [1991] 3 SCC 600, referred to.

Words andPhrases, Permanent Edn., Vol. 35A, page 307; Black's Law
H Dictionary, referred to.
PRAVIN C. SHAH v. K.A. MOHD. ALI 677
4. Rule 11 of the Rules is not a provision intended for the Disciplinary A
Committee of the Bar Council of the State or the Bar Council of India. It is
a matter entirely concerning the dignity and the orderly functioning of the
courts. Rule 11 has nothing to do with all the acts done by an Advocate during
his practice except his performance incide the court. Conduct in court is a
' matter concerning the court and hence the Bar Council cannot claim that
B
what should happen inside the court could also be regulated by Bar Council
in exercise of its disciplinary powers. The right to practise, no doubt, is the
genus of which the right to appear and conduct cases in the court may be a
specie. But the right to appear and conduct cases in the court is a matter on
which the court must have the major supervisory power. Hence the court
cannot be divested of the control or supervision of the court merely because c
it may involve the right of an advocate. [682-G; 683-A-C]

5. When the rules stipulate that a person who committed contempt of
court cannot have the unreserved right to continue to appear and plead and
conduct cases in the courts without any qualm or remorse, the Bar Council
~
cannot overrule such a regulation concerning the orderly conduct of court
D
proceedings. Courts oflaw are structured in such a design as to evoke respect
and reverence to the majesty of law and justice. The machinery for
dispensation of justice according to law is operated by the court. Proceedings
inside the courts are always expected to be held in a dignified and orderly
manner. The very sight of an advocate, who was found guilty of contempt of E
court on the previous hour; standing in the court and arguing a case or cross-
examining a witness on the same day, unaffected by the contemptuous
behaviour he hurled at the court, would erode the dignity of the court and
even corrode the majesty of it besides impairing the confidence of the public
in the efficacy of the institutio.n of the courts. This necessitates vesting of power
F
with the High Court to formulate rules for regulating the proceedings inside
the court including the conduct of advocates during such proceedings. That
power should not be confused with the right to practise law. While the Bar
Council can exercise control over the latter, the High Court should be in
ceontrol of the former. [683-C-F]
..., G
Supreme Court Bar Association v. Union of India, [1998] 4 SCC 409,
referred to.

Prayag Das v. Civil Judge Bulandshahar and Ors., AIR (1974)
...
Allahabad 133, approved.
H
678 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A Hadkinson v. Hadkinson, [1952] 2 All England Law Reports 567,
referred to.

6. Whenever an Advocate is convicted by the High Court for con~empt
of court, the Registrar of that High Court should intimate the fact in
future to all the courts within the jurisdiction of that High Court so that
B presiding officers of all courts would get the information that the particular
Advocate is under the spell of the interdict contained in Rule 11 until he
purges himself of the contempt. [688-D-E]

C.N. Presannan v: K. A. Mohammed Ali, [1991] Criminal Law Journal
c 2194 and 1991 Criminal Law Journal 2205, referred to.

CrYIL APPELLATE JURISDICTION : Civil Appeal No. 3050 of 2000.

From the Judgment and Order dated 19.2.2001 of the Disciplinary
Committee of the Bar Council of India, New Delhi in D.C.A. No. 34 of'1998 .
..J

D
Dushyant A. Dave, (A.C.), Siddhartha Dave and Haris Beeran to Assist
the Court.

M.K.S. Menon & A. Raghunath for the ~ppellant.

E E.. M.S. Anam for the Respondent No. 1.

Ramesh Babu M.R. for the Respondent No. 2.

The Judgment of the Court was delivered by

THOMAS, J. We thought that the question involved in this appeal
F
would generate much interest to the legal profession and hence we issued
notices to the Bar Council of India as well as the State Bar. Council concer11ed.
But the .Bar Council of India did not .respond to the notice. We therefore
requested Mr. Dushyant A. Dave, SeniorAdvocate, to help us as amicus curiae. "
The learned senior counsel did a commendable j!lb to help us by projectirig,a
G wide screen focussing on the full profiles of the subject with his usual felicity.
We are beholden to him.When an advocate was punished for contempt of court
can he appear thereafter as a counsel in the courts, unless he purges himself
of such contempt? If he cannot, then what is the way he can purge himself of,
such contempJ. That question has now come to be determined by the Supreme
H Court.
PRAVIN C. SHAH v. K.A. MOHD. ALI [THOMAS, J.] 679
This matter concerns an advocate practising mostly in the courts situated A
within Ernakulam District of Kerala State. He was hauled up for contempt of
court on two successive occasions. We "wish to skip the facts in both the said
cases which resulted in his being hauled up for such contempt as those facts
have no direct bearing on the question sought to be decided now. (The detailed
facts leading to the said proceedings have been narrated in the two decisions
B
of the High Court of Kerala reported in C.N. Presannan v. K.A. Mohammed
Ali, (1991) Criminal Law Journal 2194 and 1991 Criminal Law Journal 2205).
Nonetheless it is necessary to state that the High Court of Kerala found the
respondent-advocate guilty of criminal contempt in both cases and convicted
him under Section 12 ·of the Contempt of Courts Act, 1971, and sentenced him
in one case to a fine of Rs.10,000 (to be credited, if realised, to the funds of C
Kerala Legal Aid Board). In the second case he was sentenced to pay a fine
of Rs.2,000. Though he challenged the conviction and sentence imposed on
him by the High Court, he did not succeed in the Supreme Court except getting
th~ fine of Rs.2,000 in one case deleted. The apology tendered by him in this
Court was not accepted, for which a two· Judge Bench made the following D
observation:

"We regretfully will not be able to accept his apology at this belated
juncture, but would rather admonish the appellant for his conduct
under our plenary powers under the constitution, which we do hereby."

The above conv_iction and sentence and refusal to accept the apology E
tenoered on his behalf did not create any ripple in him, so far as his resolve
to continue to appear and conduct cases in the courts was concerned. The
present appellant (who represents an association "Lalan Road Residents
Association, Cochin") brought to the notice of the Bar Council of Kerala that
the delinquent advocate continued to conduct cases before the courts in F
Ernakulam District in spite of the conviction and sentence.

The Bar Council of Kerala thereupon initiated disciplinary proceedings
against the respondent-advocate and finally imposed a punishment on him
debarring him from "acting or pleading in any court till he gets himself purged
of the contempt of court by an order of the appropriate court". The respondent- G
advocate challenged the order of the State Bar Council in an appeal filed before
the Bar_ Council of India. By the impugned order the Bar Council of India set
aside the interdict imposed on him.

This appeal, in challenge of the aforesaid order of the Bar Council of
India, is preferred by the same person at whose instance the State Bar Council H
680 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A initiated action against the respondent-advocate.
While imposing the interdict on the advocate the Disciplinary Committee
of the Bar Council of the State took into account Rule 11 of the "Rufes framed
by the High Court of Kerala under Section 34(1) of the ;\dyocates Act, 1961,
regarding conditions and practice of Advocates" (hereinafter referred to as the
B Rules). Rule 11 reads thus: •'. .

"No advocate who has been found guilty of contempt of Court shall
be permitted to appear, act or plead in any Court unless he has purged
himself of the contempt.''
The above rule shows that it was not necessary for the Disciplinary
c Committee of the Bar Council to impose the said interdict 'as a punishment for
.misconduct. Even if the Bar Council had not passed proceedings (which the
Disciplinary Committee of the Bar Council of India has since set aside as per
the irnpugned order) the delinquent advocate would have been under the
disability contained in Rule 11 quoted above. It is a self-operating rule for
D which only one stipulation need be satisfied i.e. the advocate concerned should ._
have been found guilty of contempt of court. The termini of the period of
operation of the interdict is indicated by the next stipulation i.e. the contemnor
purges himself of the contempt. The inhibition will therefore start operating
whep the first stipulation is satisfied, and it would continue to function until
E the second stipulation is fulfilled. The latter condition would remain eluded
until the delinquent advocate himself initiates steps towards that end.
Regarding the first condition there is no difficulty whatsoever in the
. present case because it is an admitted fact that respondent-advocate has b~en
found guilty of contempt of court by the High Court of Kerala in two cases
I
p successively. For the operation of the interdict contained in Rule 11 it is not
even necessary that the advocate should have been sentenced to any punishment
after finding him guilty. ·The difficulty arises in respect of the second condition
mentioned above.
The Disciplinary Committee of the Bar Council of India seems to
G have approached the question from a wrong angle by posing .the following
I -
question:
"The fundamental question arising for consideration in this appeal is
whether Rule 11 of the Rules framed by the Honourable High Court
of Kerala under Section 34(1) of the Advocates Act, 1961, is binding
H on the Disciplinary Committee of the State Bar Council and if not
PRAVIN C. SHAH v. K.A. MOHD. ALI [THOMAS, J.] 681
whether the Disciplinary Committee was justified in ordering that on A
account of the disqualification under Rule 11 the appellan.t could not
be allowed to appear, act or plead till he gets himself purged of the
contempt by an. order of the appropriate court."

There is no question of Rule 11 being binding on the Disciplinary
Committee or any other organ of the Bar Council. There is nothing in the said B
rule whiCh would involve the Bar Council in any manner. But there is nothing
wrong for the Bar Council informing a delinquent advocate of the existence
of a bar contained in Rule 11 and remind him of his liability to abide by it.
Hence the question formulated by the Disciplinary Committee of the Bar
Council of India, as aforequoted, was unnecessary and fallacious. c
In the impugned order the Disciplinary Committee rightly stated that
"the exercise of the disciplinary powers over the advocates ;s exclusively
vested with the Bar Council and this power cannot be taken away by the High
) Court either by a judicial order or by making a rule". This is precisely the legal
position adumbrated by the Constitution Bench of this Court in Supreme Court D
Bar Association v. Union of India and Am:, [1998] 4 SCC 409. In fact the
relevant portions of.the said decision have been quoted in the impug~ed order
in extenso. But having informed themselves of the correct legal position
regarding the powers of the Bar Council the members of the Disciplinary
Committee of the Bar Council of India embarked. on a very erroneous concept E
when it observed the following:

"But to say that an advocate who had been found guilty of contempt
of court shall not be permitted to appear, act or plead in a court unless
he has purged himself of the contempt would amount to usurpation of
powers of Bar Council." F
After examining Rule 11 of the Rules the Disciplinary Committee of the
Bar Council of India held that "there cannot be an automatic deprivation of
the right of an advocate to appear, act or plead in a court, since such a course
would be unfair and even violative of the fundamental rights guaranteed under
Articles 14, 19(l)(g) and 21 of the Constitution of India". In the end the G
Disciplinary Committee of the Bar Council of India made an unwarranted
proposition on a misplaced apprehension as follows :

"The independence and autonomy of the Bar Council cannot be
surrendered to the provisions contained in Rule 11 of the Rules made H
682 SUPREME COURT REPORTS (2001] SUPP. 3 S.C.R.
A by High Court of Kerala under S.34(1) of the Advocates Act.

By giving expression to such a proposition the Bar Council of India has
obviously overlooked the legal position laid down by the Constitution Bench
in Supreme Court Bar Association v. Union of India (supra). In paragraph 57
of the decision the Bench said thus:
B
"In a given case, an advocate found guilty of committing contempt of
court may also be guilty of committing 'professional misconduct',
depending upon the gravity or nature of his contumacious conduct, but
the two jurisdictions are separate and distinct and exercisable by
c different forums by following separate and distinct procedures._. The
power to punish an advocate by suspending his licence or by removal
of his name from the roll of the State Bar Council for proven professional
misconduct vests exclusively in the statutory authorities created under
the Advocates Act, 1961, while the jurisdiction to punish him for
committing contempt of court vests exclusively in the courts.
D
Thereafter in paragraph 80, the Constitution Bench said the following:

"In a given case it may be possible, for this Court or the High Cou~,
to prevent the coritemnor advocate to appear before it till he purges
himselfof the contempt but that is much different from suspending or
E ' revoking his licence' or debarring him to practise as an advocate. In
a case of contemptuous, contumacious, unbecoming or blameworthy
conduct of an Advocate-on-Record, this Court possesses jurisdiction,
under tpe Supreme Court Rules itself, to withdraw his privilege to
practice as an Advocate-on-Record because that privilege is conferred
F by this Court and the power to grant the privilege includes the power
to revoke or suspend it. The withdrawal of that privilege, however,
does not amount to suspending or revoking his li~ence to practice as
an advocate in other courts or tribunals.

Rule 11 of the Rules is not a provision intended for the Disciplinary , ,
G Committee of the Bar Council of the State or the Bar Council of India. It is
a matter entirely concerning the dignity and the orderly functioning of the
courts. The right of the advocate to practise envelops a lot of acts to be
performed by him in discharge of his prqfessional duties. Apart from appearing
in the courts he can be consulted by his clients, he can give his legal opinion
H whenever sought for, he can draft instruments, pleadings, affidavits or any
PRAVIN C. SHAH v. K.A. MOHD. ALI [THOMAS, J.J 683

other documents, he can participate in any conference involving legal discussions A
etc. Rule 11 has nothing to do with all the acts done by an advocate during
his practice except his performance inside the court. Conduct in court is a
matter concerning the court and hence the Bar Council cannot claim that what
~.
should happen inside the court could also be regulated by Bar Council in
exercise of its disciplinary powers. The right to practise, no doubt, is the genus
B
of which the right to appear and conduct cases in the court may be a specie.
But the right to appear and conduct cases in the court is a matter on which the
. court must have the major supervisory power. Hence the court cannot be
divested of the control or supervision of the court merely because it may
involve the right of an advocate.
c
When the rules stipulate that a person who committed contempt of court
cannot have the unreserved right to continue to appear and plead and conduct
cases in the courts without any qualm or remorse, the Bar Council cannot
overrule such a regulation concerning the orderly conduct of court proceedings.
Courts of law are structured in such a design as to evoke respect and reverence
to the majesty of law and justice. The machinery for dispensation of justice D
acc()rding to law is operated by the court. Proceedings inside the courts are
_always expected to be held in a dignified and orderly manner. The very sight
of an advocate, who was found guilty of contempt of court on the previous
hour, standing in the court and arguing a case or cross-examining a witness on
the same day, unaffected by the contemptuous behaviour he hurled at the court, E
would erode the dignity of the court and even corrode the majesty of it besides
impairing the confidence of the public in the efficacy of the institution of the
courts. This necessitates vesting of power with the High Court to formulate
. . rules for regulating the proceedings inside the court including the conduct of
advocates during such proceedings. That power should not be confused with
F
the right to practise law. While the Bar Council can exercise control over the
latter, the High Court should be in control of the former.

In the above context it is useful to quote the following observations made
by a Division Bench of the Allahabad High Court in Prayag Das v. Civil Judge,
, \ Bulandshahr and Ors., AIR (1974) Allahabad 133: G
"The High Court has a power to regulate the appearance of advocates
in courts. The right to practise and the right to appear in courts are not
synonymous. An advocate may carry on chamber practice or even
practise in courts in various other ways, e.g. drafting and filing of
pleadings and Vakalatnama for performing those acts. For that purpose H
'\
684 SUPREME COURT REPORTS (2001] SUPP. 3 S.C.R.
A his physical appearance in courts may not at all be necessary. For the I
)
purpose of regulating his appearance in courts the High Cpurt should
be the appropriate authority to make rules and on a proper co~str~ction
of Section 34(1) of the Advocates Actit must be inferred that the High
Court has the power to make rules for regulating the appearance of
Advocates and proceedings inside the courts. Obviously the High.
B
Court is the only appropriate authority to be entrusted with this
responsibility."

In our view, the legal position has been correctly delineated in the above
statements made by the Allahabad High Court. The context for.making those
C · statements was that an advocate questioned the powers of the High Court in
making dress regulations for the advocates while appearing in courts.

Lord Denning had observed as follows in Hadkinson v. Hadkinson,
(1952] 2 All England Law Reports 567:

D "I am of the opinion that the fact that a party to a cause has disobeyed
an order of the court is not of itself a bar to his being heard, but if his
disobedience is such that, so long as it continues, it impedes the course
of justice in the cause, by making it more difficult for the court to
ascertain t~e truth or to enforce the orders Which it may make, then the
court may in its discretion refuse to hear him until the impediment is
E removed or good reason is shown why it should not be removed."
.
The observations can apply to the courts in India without any doubt and
at the same time without impeding the disciplinary powers vested in the Bar
Counciis under the Advocates Act. ·
F We have already pointed out that Rule 11 of the Rules is a self-operating
provision. When the first postulate_ of it is completed (that the advocate has
been found guilty of contempt of court) his authority to act or plead in any court
stands snapped, though perhaps for the time being. If he does such things
without the express permission of the court he would again be guilty of
G contempt of court besides such act being a misconduct falling within the
purview of Section 34 of the Advocates Act. The interdict as against him from
appearing in court as a counsel would continue until such time as he purges
himself. of the contempt.

Now we have to consider the crucial question - How can a contemnor
H purge himself of the contempt? According to the Disciplinary Committee of
PRAVIN C. SHAH v. K.A. MOHD. ALI [THOMAS, J.] 685
the Bar Council of India, purging oneself of contempt can be done by apologising A
to the court. The said opinion of the Bar Council of India can be seen from the
following portion of the impugned order:

"Purging oneself of contempt can be only by regretting or apologising
in the case of a completed action of criminal contempt. If it is a case
of civil contempt, by subsequent compliance with the orders or directions B
the contempt can be purged off. There is no procedural provision in
law to get purged of contempt by an order of an appropriate court.

Purging is a process by which an undesirable element is expelled either
from one's own self or from a society. It is a cleansing process. Purge is a
word which acquired implications first in theological connotations. In the case
c
of a sin, purging of such sin is made through the expression of sincere remorse
coupled with doing the penance required. In the case of a guilt, purging means
to get himself cleared of the guilt. The concept of purgatory was evolved from
the word 'purge', which is a state of suffering after this life in which those
souls, who depart this life with their deadly sins, are purified and render fit to D
enter into heaven where nothing defiled enters. (vide Words and Phrases,
Permanent Edn., Vol.35A, page 307). In Black's Law Dictionary the word
purge is given the following meaning: "To cleanse; to clear or exonerate from
some charge or imputation of guilt, or from a contempt''. It is preposterous
to suggest that if the convicted person undergoes punishment or if he tenders E
the fine amount imposed on him the purge would be completed. We are told
that a learned single Judge of the Allahabad High Court has expressed a view
that purging process would be completed when the contemnor undergoes the
penalty (vide Dr. Madan Gopal Gupta v. The Agra University and Ors., AIR
1974 Allahabad 39). This is what the learned single Judge said about it :
F
"In my opinion a party in contempt purged its contempt by obeying
the orders of the court or by undergoing the penalty imposed by the
court."

Obeying the orders of the court would be a mode by which one can make
' \
the purging process in a substantial manner when it is a civil.contempt. Even G
for such a civil contempt the purging process would not be treated as completed
merely by the contemnor undergoing the penalty imposed on him unless he has
obeyed the order of the court or he has undone the wrong. If that is the position
in regard to civil contempt the position regarding criminal contempt must be
stronger. Section 2 of the Contempt of Courts Act categorises contempt of H
686 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A court into two categories. The first category is "civil contempt" which is the
willful disobedience of the order of the court including breach of an undertaking .,
given to the court. But "criminal contempt" includes doing any act whatsoever '
which tends to scandalise or lowers the authority of any court, or tends to
interfere with the due course of a judicial proceeding or interferes with, or
obstructs the administration of justice in any other manner.
B
We cannot therefore approve the view that merely undergoing the penalty
imposed on a contemnor is sufficient to complete the process of purging
himself of the contempt, particularly in a case where the contemnor is convicted

c
of criminal contempt. The danger in giving accord to the said view of the
learned single Judge in the afore-cited decision is that if a contemnor is ,
sentenced to a fine he can immediately pay it and continue to commit contempt
in the same court, and then again pay the fine and persist with his contemptuous
conduct. There must be something more to be done to get oneself purged of
the contempt when it is a case of criminal contempt.

D The Disciplinary Committee of the Bar Council of India highlighted the
absence of any mode of purging oneself of th.e guilt in any .of the Rules as a
reason for not following the interdict contained in Rule 11. Merely because
the Rules did not prescribe the mode of purging oneself of the guilt it does not
mean that one cannot purge the guilt at all. The first thing to be done in that
E direction when a contemnor is found guilty of a criminal contempt is to implant
or infuse in his own mind real remorse about his conduct which the court found
to have amounted to contempt of court. Next step is to seek pardon from the
court concerned for what he did on the ground that he really and genuinely
repented and that he has resolved not to commit any such act in future. It is
not enough that he tenders an apology. The apology tendered should impress
F the court to be genuine and sincere. If the court, on being impressed of his
genuineness, accepts the apology then it could be said that the contemnor has
purged himself of the guilt.

This Court has held in M. Y. Shareef and Am: v. Honble Judges of the
Nagpur High Court and Ors., AIR (1955) SC 19 that "an apology is not a
G weapon of defence to purge the guilty of their offence, nor is it intended to
operate as a universal panacea, but it is intended to be evidence of real
contriteness". Ahmadi, J: (as the learned Chief Justice then was) in M.B.
Sanghi, Advocate v. High' Court of Punjab and Haryana and Ors., [1991] 3
sec 600, while considering an apology tendered by an advocate in a contempt
H proceeding has stated thus:
PRAVIN C. SHAH v. K.A. MOHD. ALI [THOMAS, J.] 687
"And here is a member of the profession who has repeated his A
performance presumably because he was let off lightly on the first
occasion. Soft justice is not the answer- not that the High Court has
been harsh with him - what I mean is he cannot be let off on an
apology which is far from sincere. His apology was hollow, there was
no remorse - no regret - it was only a device to escape the rigour
B
of the law. What he said in his affidavit was that he had not uttered
the words attributed to him by the learned Judge; in other words the
learned judge was lying - adding insult to injury - and yet if the
court finds him guilty (he contested the matter tooth and nail) his
unqualified apology may be accepted. This is no apology, it is merely
)
a device to escape". c
A four Judge Bench of this Court in Mulk Raj v. State o.f Punjab, [ 1972)
3 SCC 839 made the following observations which would throw considerable
light on the question before us:

"Apology is an act of contrition. Unless apology is offered at the D
earliest opportunity and in good grace apology is aborn of penitence.
If apology is offered at a time when the contemnor finds that the court
is going to impose punishment it ceases to be an apology and it
becomes an act of a cringing coward. The High Court was right in not
taking any notice of the appellant's expression of apology 'without any E
further word'. The High Court correctly said that acceptance of
apology in the case would amount to allow the offender to go away
with impunity after having committed gross contempt."

Thus a mere statement made by a contemnor before court that he
apologises is hardly enough to amount to purging himself of the contempt. The F
court must be satisfied of the genuineness of the apology. If the court is so
satisfied and on its basis accepts the apology as genuine the court has to make
an order holding that the contemnor has purged himself of the contempt. Till
such an order is passed by the court the delinquent advocate would continue
to be under the spell of the interdict contained in Rule 11 of the Rules. G
Shri Sadrul Anam, learned counsel for the respondent-advocate submitted
first, that the respondent has in fact apologised before this Court through the
counsel engaged by him, and second is that when this Court observed that "this
course should set everything at rest" it should be treated as the acknowledgement
made by this Court that the contemnor has purged himself of the guilt. H
688 SUPREMECOURT REPORTS . [2001) SUPP. 3 S.C.R.
A We are unable to accept either of the said contentions. The observation
that "this course should set everything at rest" in the judgment of this Court
cannot be treated as anything beyond the· scope of the plea made by the
respondent in that case. That apart,' this Court was certainly disinclined to
I ,.,,.
accept the apology so tendered in this Court which is clearly manifested from
the outright repudiation of that apology when this Court said thus:
B
"We regretfully. will not be able to accept his apology at this belated
juncture, but would rat.her admonish the appellant for his conduct
under our pienary powers under the constitution, which we do hereby."

The respondent-advocate continued to appear in all the courts where he
c was earlier appearing even after he was convicted by the High Court for
(

criminal contempt without being objected by any court. This is obviously on
account of the fact that presiding officers of the court were not informed of
what happened. We, therefore, direct that in future, whenever an advocate is
convicted by the High Court for contempt of court, the Registrar of that High
D Court shall intimate the fact to all the courts within the jurisdiction of that High
Court so that presiding officers of all courts would getthe information that the
particular advocate is under the spell of the interdict contained in Rule 11 of (

the Rules until he purges himself of the contempt.

It is still ope!l to the respondent-advocate to purge himself of the contempt
E in the manner indicated above. But until th?t process is completed respondent-
advocate cannot act or plead in· any court situated within the domain of the
Kerala High Court, including the subordinate courts thereunder. The Registrar
of the High Court of Kerala shall intimate all the courts about this interdict as
against the respondent-advocate.
F
This appeal is disposed of accordingly.
•·
N.J. Appeal disposed of.

f