In Re Vinay Chandra Mishra

MANU/SC/0471/1995
Equivalent Citation: AIR1995SC 2348, 1995(1)ALT(C ri)674, 1995 (2) CCC 381 , II(1995)C C R101(SC ), 1995C riLJ3994,
1995(2)C rimes381(SC ), 1995GLH(1)690, (1995)2GLR992, JT1995(2)SC 587, 1995(1)KLJ504, 1995(3)RC R(C riminal)655, 1995(2)SC ALE200,
(1995)2SC C 584, [1995]2SC R638, 1995(2)UJ93
IN THE SUPREME COURT OF INDIA

Contempt Petn. (Criminal) No. 3 of 1994
Decided On: 10.03.1995
Appellants:In re: Vinay Chandra Mishra
Hon'ble Judges/Coram:
Kuldip Singh, J.S. Verma and P.B. Sawant, JJ.
Case Note:
Contempt of Court - misbehavior - Articles 129 and 142 of Constitution of
India - during proceeding of case Judge asked question to advocate -
advocate appeared to misbehave with Judge - normally no Judge takes
action for in facie curiae contempt against lawyer unless he is impelled to
do so - there is very reason to believe that notwithstanding his denial and
disclaimer contemner tried to brow beat, threaten, insult and show
disrespect personally to Judge - it is evident from manner in which affidavit
filed in Court - every member of Bar at par with other members or members
of Bench and has right to ask whatever questions he wants to in order to
appreciate merits or demerits of case.
Constitution of India - Article 129--The Supreme Court can take cognisance
of the contempt committed of the High Court.
Held:
The Supreme Court is not only the highest court of record, but under
various provisions of the Constitution, is also charged with the duties and
responsibilities of correcting the lower court and tribunals and of protecting
them from those whose misconduct tends to prevent the due performance
of then-duties. The latter functions and powers of this Court are
independent of Article 129 of the Constitution. When therefore Articles 129
vests this Court with the powers of the court of record including the power
to punish for contempt of itself it vests such powers in this Court in its
capacity as the highest court of record and also as a court charged with the
appellate and superintending powers over the lower courts and tribunals as
detailed in the Constitution. To discharge its obligations as the custodian of
the administration of justice in the country and as the highest court imbued
with supervisory and appellate jurisdiction over all the lower courts and
tribunals, it is inherently deemed to have been entrusted with the power to
see that the stream of justice in the country remains pure, that its course is
not hindered or obstructed in any manner, that justice is delivered without
fear or favour and for that purpose all the courts and tribunals are
protected while discharging their legitimate duties. To discharge this
obligation, this Court has to take cognisance of the deviation from the path
of justice in the tribunals of the land, and also of attempts to cause such
deviations and obstruct, the course of justice. To hold otherwise would
mean that although this Court is charged with the duties and
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responsibilities enumerated in the Constitution, it is not equipped with the
power to discharge them.
Contempt of Courts Act 1971 - Section 14 - Action for contempt committed
against the Court. Procedure is summary in nature hut the contemner has
to be given an opportunity of being heard in his defence.
Held:
The criminal contempt of court undoubtedly amounts to an offence but it is
an offence sui generis and hence for such offence, the procedure adopted
both under the common law and the statute law even in this country has
always been summary. However, the fact that the process is summary does
not mean that the procedural requirement, viz., that an opportunity of
meeting the charge, is denied to the contemner. The degree of precision
with which the charge may be stated depends upon the circumstances. So
long as the gist of the specific allegations is made clear or otherwise the
contemner is aware of the specific allegation, it is not always necessary to
formulate the charge in a specific allegation. The consensus of opinion
among the judiciary and the jurists alike is that despite the objection that
the Judge deals with the contempt himself and the contemner has little
opportunity to defend himself, there is a residue of cases where not only it
is justifiable to punish on the spot but is the only realistic way of dealing
with certain offenders. This procedure does not offend against the principle
of natural justice viz., Nemo Judex in sua causa Since the prosecution is
not aimed at protecting the Judge personally but protecting the
administration of justice. The threat of immediate punishment is the most
effective deterrent against misconduct. The Judge has to remain in full
control of the hearing of the case and he must be able to take steps to
restore order-as early and quickly as possible. The time factor is crucial.
Dragging out the contempt proceedings means a lengthy interruption to the
main proceedings which paralyses the court for a time and indirectly
impedes the speed and efficiency with which justice is administered.
Instant justice can never be completely satisfactory yet it does provide the
simplest, most effective and least unsatisfactory method of dealing with
disruptive conduct in Court. So long as the contemner's interests are
adequately safeguarded by giving him an opportunity of being heard in his
defence, even summary procedure in the case of contempt in the face of the
Court is commended and not faulted.
Constitution of India-Article 129 - Action for criminal contempt of court
against Advocate-Powers under Article 129 are not trammeled by any
statutory provision including the provisions of the Advocates Act and the
Contempt of Courts Act-Punishments by way of suspension of the Advocate
from practice and his removal from the state roll can be imposed in exercise
of the jurisdiction.
Held:
The jurisdiction is independent of the statutory law of contempt enacted by
the Parliament under Entry 77 of list I of VII Schedule of the Constitution.
The jurisdiction of this Court under Article 129 is Sui Generis. The
jurisdiction to take cognisance of the contempt as well as to award
punishment for it being constitutional, it cannot be controlled by any
statute. Neither, therefore, the Contempt of Courts Act, 1971 nor the
Advocates Act, 1961 can be pressed in to service to restrict the said

jurisdiction. In the matter of disciplinary jurisdiction under the Advocates
Act, this Court is constituted as the final Appellate authority under Section
38 of the Act. In that capacity this Court can impose any of the
punishments, mentioned in Section 35 (3) of the Act including that of
removal of the name of the Advocate from the State roll and of suspending
him from practice. If that be so, there is no reason why this Court while
exercising its contempt jurisdiction under Article 129 read with Article 142
cannot impose any of the said punishments. The punishment so imposed
will not only be not against the provisions of any statute, but in conformity
with the substantive provisions of the Advocates Act and for conduct which
is both a professional misconduct as well as the contempt of Court. What is
further, the jurisdiction and powers of this Court under Article 142 which
are supplementary in nature and are provided to do complete justice in any
matter, are independent of the jurisdiction and powers of this Court under
Article 129 which cannot he trammeled in any way by any statutory
provision including the provisions of the Advocates Act or of the Contempt
of Courts Act. As pointed out earlier, the Advocates Act has nothing to do
with the Contempt jurisdiction of the court including of this Court and the
Contempt of Courts Act, 1971 being a statute cannot denude, restrict or
limit the powers of this Court to take action for contempt under Article 129.
It is not disputed that suspension of the advocate from practice and his
removal from the State roll of advocates are both punishments. There is no
restriction or limitation on the nature of punishment that this Court may
award while exercising its contempt jurisdiction and the said punishment
can be the punishments the Court may impose while exercising the said
jurisdiction.
ORDER
P.B. Sawant, J.
1. On 10th March, 1994; Justice S.K. Keshote of the Allahabad High Court addressed
a letter to the Acting Chief Justice of that Court as follows :
No. SKK/ALL/8/94 10.3.94
Dear brother Actg. Chief Justice,
Though on 9.3.94 itself I orally narrated about the misbehavior of Sh. B.C.
Misra with me in the Court but I thought it advisable to give you same in
writing also.
On 9.3.94 I was sitting with Justice Anshuman Singh in Court No. 38. In the
list of fresh cases of 9.3.94 at Sr. No. 5 FAFO Record No. 22793 M/s. Bansal
Forgings Ltd. v. U.P.F. Corp. filed by Smt. S.V. Misra was listed. Sh. B.C.
Misra appeared in this case when the case was called.
Brief facts of that case
M/s. Bansal Forgings Ltd. took loan from U.P. Financial Corporation and it
made default in payment of installment of the same. Corporation proceeded
against the Company Under Section 29 of the U.P. Financial Corporation Act.
The company filed a Civil Suit against the Corporation and it has also field an
application for grant of temporary injunction. Counsel for the Corporation
suo moto put appearance in the matter before Trial Court and prayed for time
for filing of reply. The learned trial court passed an order on the said date

that the Corporation will not seize the factory of the Company. The company
shall pay the amount of installment and it will furnish also security for the
disputed amount. The court directed to furnish security on 31.1.94 and case
was fixed on 15.3.94.
Against said order of the trial court this appeal has been filed and arguments
have been advanced that Court has no jurisdiction to pass the order for
payment of installment of loan and further no security could have been
ordered.
I put a question to Shri Misra under which provision this order has been
passed. On putting of question he started to shout and said that no question
could have been put to him. He will get me transferred or see that
impeachment motion is brought against me in Parliament. He further said
that he has turned up many Judges. He created a good scene in the court. He
asked me to follow the practice of this Court. In sum and substance it is a
matter where except to abuse me of mother and sister he insulted me like
anything. What he wanted to convey to me was that admission is as a course
and no arguments are heard, at this stage.
It is not the question of insulting of a Judge of this institution but it is a
matter of institution as a whole. In case dignity of Judiciary is not being
maintained then where this institution will stand. In case a senior Advocate,
President of Bar and chairman of Bar Council of India behaves in Court in
such manner what will happen to other advocates.
Since the day I have come here I am deciding the cases on merits. In case a
case has merits it is admitted but not as a matter of course. In this Court
probably advocates do not like the consideration of cases on their merits at
the stage of admission. In case dignity of Judiciary is not restored then it is
very difficult for the Judges to discharge their Judicial function without fear
and favour.
I am submitting this matter to you in writing to bring this misshaping in the
Court with the hope that you will do something for restoration of dignity of
Judiciary.
Thanking you,
Yours sincerely,
Sd/-
(Jus. S.K. Keshote).
The Acting Chief justice Shri V.K. Khanna forwarded the said letter to the then Chief
Justice of India by his letter of 5th April, 1994. The learned Chief Justice of India
constituted this Bench to hear the matter on 15th April, 1994.
On 15th April, 1994, this Court took the view that there was a prima fade case of
criminal contempt of court committed by Shri Vinay Chandra Mishra [hereinafter
referred to as the "contemner"] and issued a notice against him to show cause why
contempt proceedings be not initiated against him. By the same order, Shri D.P.
Gupta, the learned Solicitor General of India was requested to assist the Court in the
matter. Pursuant to the notice, the contemner filed his reply by affidavit dated 10th
May, 1994 and also an application seeking discharge of show cause notice, and in the

alternative for an inquiry to be held into the incident referred to by Justice Keshote in
his letter which had given rise to the contempt proceedings. It is necessary at this
stage to refer to the material portions of both the affidavit and the application filed
by the contemner. After referring to his status a Senior Advocate of the Allahabad
High Court and his connections with the various law organisations in different
capacities to impress upon the Court that he had a deep involvement in the purity,
integrity and solemnity of judicial process, he has submitted in the affidavit that but
for his deep commitments to the norms of judicial processes as evidenced by his said
status and connections, he would have adopted the usual expedient of submitting his
unconditional regrets. But the facts and circumstances of this case were such which
induced him to "state the facts and seek the verdict of the Court" whether he had
committed the alleged contempt or whether it could be "a judge committing contempt
of his own court". He has then stated the facts which according to him form the
"genesis" of the present controversy. They are as follows :-
A. A Private Ltd. Co. had taken an installment loan from U.P. Financial
Corporation, which provides under its constituent Act (Sec. 29) for some sort
of self help in case of default of installments.
B. A controversy arose between the said Financial Corporation and the
borrower as a result of which, the borrower had to file a civil suit seeking an
injunction against the Corporation for not opting for the non-judicial sale of
their assets.
C. The Civil Court granted the injunction against putting the assets to sale,
but at the same time directed furnishing security for the amount due.
D. Being aggrieved by the condition of furnishing security, which in law
would be tantamount to directing a mortgager to furnish security for payment
of mortgage loan, even when he satisfies the Court that a stay is called for -
the property mortgaged being a pre-existing security for its payment.
E. The Company filed an FAFO being No. 229793/94 against the portion of
the order directing furnishing of security.
F. The said FAFO came for preliminary hearing before Hon'ble Justice
Anshuman Sing and the Applicant of this petition on 9th March, 1994. In
which I argued for the debtor Company.
G. When the matter was called on Board, the Applicant took charge of the
court proceedings and virtually foreclosed attempts made by the senior Judge
to intervene. The Applicant Judge inquired from me as to under what law the
impugned order was passed to which I replied that it was under various rules
of Order 39, CPC. That Applicant therefore conveyed to me that he was going
to set aside the entire order, against a portion of which I had come in
appeal, because in his view the Lower Court was not competent to pass such
an order as Order 39 did not apply to the facts.
H. I politely brought to the notice of the Applicant Judge that being the
appellant I had the dominion over the case and it could not be made worse,
just because I had come to High Court.
I. The Applicant Judge apparently lost his temper and told me in no
unconcealed term that he would set aside the order in toto, disregarding
what I had said.

J. Being upset over, what I felt was an arbitrary approach to judicial process
I got emotionally perturbed and my professional and institutional sensitivity
got deeply wounded and I told the Applicant Judge that it was not the
practice in this Court to dismiss cases without hearing or to upset judgments
or portions of judgments, which have not been appealed against.
Unfortunately the Applicant judge took it unsparingly and apparently lost his
temper and directed the stenographer to take down the order for setting
aside of the whole order.
K. At this juncture, the Hon'ble Senior Judge intervened, whispered
something to the Applicant Judge and directed the case to be listed before
some other Bench. It was duly done and by an order of the other Court dated
18th March, 1994 Hon'ble Justices B.M. Lal and S.K. Verma, the points raised
by me before the Applicant Judge were accepted. A copy of the said order is
reproduced as Annexure I to this affidavit.
L. I find it necessary to mention that the exchange that took place between
me and the Applicant Judge got a little heated up. In the moment of heat the
Applicant Judge made the following observations :-
I am from the Bar and if need be I can take to goondaism.
Adding in English -
I never opted for Allahabad. I had opted for Gujarat and Himachal
Pradesh. I do not know why the Chief Justice of India disregarded
my options and transferred me to this place, which I never liked.
Provoked by this I asked him whether he was creating a scene to create
conditions for getting himself transferred as also talked earlier.
After narrating the above incident, contemner has gone on to deny that he had
referred to any impeachment, though according to him he did mention that "a judge
got himself transferred earlier on account of his inability to command the goodwill of
the Bar due to lack of mutual reverence".
The contemner has further denied the allegations made by Justice Keshote that as
soon as the case was called out, he [i.e., Justice Keshote] asked him the provision
under which the impugned order was passed and that he had replied that the Court
had no jurisdiction to ask the same and should admit and grant the stay order.
According to him, such a reply could only be attributed to one who is "mad" and that
considering his practice of thirty five years at the Bar and his responsible status as a
member of the Bar, it is unbelievable that he would reply in such a "foolish manner".
The contemner has further denied that he had abused the learned judge since
according to him he had never indulged in abusing anybody. With regard to the said
allegations against him, the contemner has stated that the same are vague and,
therefore, "nothing definite is warranted to reply".
He has further contended in his affidavit that if the learned Judge was to be believed
that he had committed the contempt, the senior Judge who was to direct the court
proceedings would have initiated proceedings under "Article 129 of the Constitution"
for committing contempt in facie curiae. He has also stated that the learned Judge
himself did not direct such proceeding against him which he could have. He has
found fault that instead of doing so, the learned Judge had "deferred the matter for
the next day and adopted a devious way of writing to the Acting Chief Justice for
doing something about it". He has then expressed his "uncomprehension" with the

learned Judge should have come to the Supreme Court when he had ample and
sufficient legal and constitutional powers to arraign him at the Bar for what was
attributed to him.
The contemner has then gone on to complain that the "language used" by the learned
Judge "in the Court extending a threat to resort to goondaism is acting in a way
which is professionally perverse and approximating to creating an unfavourable
public opinion about the awesomeness of judicial process, lowering or tending to
lower the authority of any Court" which amounted to contempt by a Judge punishable
under Section 16 of the Contempt of Courts Act, 1971. He has then gone on to
submit "under compulsion of his "institutional and professional conscience" and for
upholding professional standards expected of both the Bench and the Bar of this
Court" that this Court may order a thorough investigation into the incident in
question to find out whether a contempt has been committed by him punishable
under "Article 215" of the Constitution Or by the Judge under Section 16 of the
Contempt of Courts Act.
He has further stated that the entire Bar at Allahabad knows that he has unjustly
"roughed" by the Judge and was being punished for taking a "fearless and non-
servile stand" and that he is being prosecuted for asserting the right of audience and
using "the liberty to express his views" when a Judge takes a course "which in the
opinion of the bar is irregular". He has also contended that any punishment meted
out to the "outspoken lawyer" will completely emasculate the freedom of the
profession and make the Bar "a subservient tail wagging appendage to the judicial
branch, which is an anathema to a healthy democratic judicial system".
He has made a complaint that he was feeling handicapped in not being provided with
the copy of the letter/report of the Acting Chief Justice of the Allahabad High Court
and he has also been unable to gauge the "rationale of the applicant in not having
initiated proceedings" against him either immediately or a day following, when he
chose to address a letter to the Acting Chief Justice. He has then contended that he
wanted to make it clear that he was seeking a formal inquiry not for any vindication
of any personal hurt but to make things safe for profession which in a small way by a
quirk of destiny come to his keeping also. He has also stated that he would be untrue
and faithless to his office if he subordinated the larger interests of the profession and
dignity of the judicial process for a small thing of seeking his little safety. The
contemner goes on to state that he did not opt for filing a contempt against the
learned judge as in normal course of arguments, sometimes, altercations take place
between a Judge and the arguing advocate, which may technically be contempt on
either side but there being no intention, provisions of contempt are not attracted. In
support of his said case, he has reproduced an extract form Oswald's Contempt of
Court, III Edition, By Robertson. The said extract is as follows :
An advocate is at liberty, when addressing the Court in regular course, to
combat and contest strongly any adverse views of the Judge or Judges
expressed on the case during its argument, to object to and protest against
any course which the Judge may take and which the advocate thinks irregular
or detrimental to the interests of his client, and to caution juries against any
interference by the Judge with their functions, or with the Advocate when
addressing them, or against any strong view adverse to his client expressed
by the presiding Judge upon the facts of a case before the verdict of the jury
thereon. An advocate ought to be allowed freedom and latitude both in
speech and in the conduct of his client's case. It is said that a Scotch
advocate was arguing before a Court in Scotland, when one of the Judges,
not liking his manner, said to him, "It seems to me, Mr. Blank, that you are

endeavoring in every way to show your contempt for the Court." "No," was
the quick rejoinder, "I am endeavouring in every way to conceal it.
In the end, he has stated that he had utmost respect and regard for the courts and he
never intended nor intends not to pay due respect to the courts which under the law
they are entitled to and it is for this reason that instead of defending himself through
an advocate, he had left to the mercy of this Court to judge and decide the right and
wrong. He has also stated that it is for this reason that he had not relied upon the
provisions of the Constitution under Articles 129 and 215 and Section 16 of the
Contempt of Court Act and to save himself on the technicality and jurisdictional
competence.
Lastly, he has reiterated that he had always paid due regard to the Courts and he was
paying the same and will continue to pay the same and he "neither intended not
intends to commit contempt of any Court".
2 . Along with the aforesaid affidavit was forwarded by the contemner, a petition
stating therein that he had not gone beyond the legitimate limits of fearless, honest
and independent obligations of an advocate and it was Justice Keshote himself who
had lost him temper and extended threats to him which was such as would be
punishable under Section 16 of the Contempt of Courts Act, 1971[hereinafter referred
to as the "Act"]. He has prayed that the notice issued to him be discharged and if in
any case, this Court does not feel inclined to discharge the notice, he "seeks his right
to inquiry and production of evidence directly or by affidavits" as this Court may
direct. He has further stated in that petition that he is moving an independent
application for contempt proceedings to be drawn against the learned judge and it
would be in the interest of justice and fairplay if the two are heard together. It has to
be noted that the contemner has throughout this affidavit as well as the petition
referred to Justice Keshote as "applicant", although he knew very well that contempt
proceedings had been initiated suo moto by this Court on the basis of the letter
written by Justice Keshote to the Acting Chief Justice of the High Court. His manner
of reference to the learned Judge also reveals the respect in which he holds the
learned Judge.
The contemner has also filed another petition on the same day as stated in the
aforesaid petition wherein he has prayed that on the facts staled in the reply affidavit
to the show cause notice for contempt proceedings against him. this Court be pleased
to draw proceedings under Section 16 of the Act against the learned judge for
committing contempt of his own court and hold an inquiry. In this petition, he has
stated that in his reply to the contempt notice, he has brought the whole truth before
this Court which according to him was witnessed by the senior judge of the Bench,
Justice Anshuman Singh and a large number advocates. Once again referring to
Justice Keshote as the applicant, he has stated that the learned Judge in open court
conveyed to him [i.e., the contemner] that he can take to goondaism if need arises,
that he also talked disparagingly against the Chief justice of India for not transferring
him to the place for which he had opted and in a manner unworthy of a Judge and
also attempted to gag the contemner from discharging his duties as an advocate. The
contemner has further contended that as a common law principle relating to contempt
of courts, a Judge is liable for contempt of his own Court as much as any other
person associated with judicial proceedings and outside, and that the aforesaid
principle has been given statutory recognition under Section 16 of the Act. He has
further contended that the behavior of the learned judge was so unworthy that the
senior colleague on the Bench apart from "disregarding with the desire of the
applicant to dismiss the entire order" against a part of which an appeal had been
filed, released the case from the board and did not think of taking recourse to the

obvious and well-known procedure of initiating contempt proceedings against him for
the alleged contempt committed in the face of the Court. He has further contended
that the adoption of devious way of reaching the Acting Chief Justice by letter and
reportedly coming to Delhi for meeting meaningful people" is "itself seeking about
the infirmity of the case" of the Judge. He has in the end reiterated his prayer for an
inquiry into the behavior of the learned Judge if the notice of contempt was not
discharged against him in view of the denial by him of the conduct alleged against
him.
3. This Court gave four weeks' time as desired by the contemner to file an additional
affidavit giving more facts and details. The Court also made clear that the cause title
of the proceedings was misleading since Justice Keshote had not initiated the
proceedings. The proceedings were initiated suo moto by this Court. A direction was
given to the Registry to correct the cause title.
On 30th June, 1994, the contemner filed his supplementary/additional counter
affidavit. In this affidavit, he raised objections to the maintainability "of initiating
contempt proceedings" against him. His first objection was to the assumption of
jurisdiction by the Court to punish for an act of contempt committed in respect of
another Court of record which is invested with identical and independent power for
punishing for contempt of itself. According to him, this Court can take cognisance
only of contempt committed in respect of itself. He has also demanded that in view of
the point of law raised by him, the matter be placed before the Constitution Bench
and that notice be issued to the Attorney General of India and all the Advocate
General of the States. He has then gone on to deny the statements made by the
learned Judge in the letter written to the Acting Chief Justice of the High Court and in
view of the said denial by him, he has asked for the presence of the learned Judge in
the Court for being cross-examined by him, i.e., the contemner. He has further stated
that if the contempt proceedings are taken against him, the statement of Justice
Anshuman Singh who was the senior Judge on the Bench before which the incident
took place, would also be necessary. He has also taken exception to Justice Keshote's
speaking in the Court except through the senior Judge on the Bench which, according
to him had been the practice in the Allahabad High Court, and has alleged that the
learned Judge did not follow the said convention. In the end, he has reiterated that
he has utmost respect and regard for the courts and he has never intended nor
intends not to pay due regard to the Courts.
On 15th July, 1994, this Court passed an order wherein it is recorded that on 15th
April, 1994, the court had issued a notice to the contemner to show cause as to why
criminal contempt proceedings be not initiated against him and notice was issued on
its own motion. The Court heard the contemner in person as well as his learned
Counsel. The Court perused the counter affidavit and the additional affidavit of the
contemner and was of the view that it was a fit case where criminal contempt
proceedings be initiated against the contemner. Accordingly, the Court directed that
the proceedings be initiated against him. The contemner was given an opportunity to
file any material in reply or in defence within another eight weeks. He was also
allowed to file the affidavit of any other person apart from himself in support of his
defence. Shri Gupta, learned Solicitor General was appointed as the prosecutor to
conduct the proceedings. The affidavits filed by the contemner were directed to be
sent to Justice Keshote making it clear that he might offer his comments regarding
the factual averments in the said affidavits.
4 . In view of the said order, the Court dismissed the contemner's application No.
2560/94 praying for discharge of the notice. The contemner thereafter desired to
withdraw his application No. 2561/94 seeking initiation of proceedings against the

learned judge for contempt of his own Court, by stating that he was doing so "at this
stage reserving his right to file a similar application at a later stage". The Court
without any comment on the statement made by the Contemner, dismissed the said
application as withdrawn.
5. Justice Keshote by a letter of 20th August, 1994 forwarded his comments on the
counter affidavit and the supplementary/additional counter affidavit filed by the
contemner. The learned Judge denied that he took charge of the court proceedings
and virtually foreclosed the attempts made by the senior Judge to intervene, as was
alleged by the contemner. He stated that being a member of the Bench, he put a
question to the contemner as to under which provision, the order under appeal had
been passed by the trial court, and upon that the contemner started shouting and
said that he would get him transferred or see to it that impeachment motion was
brought against him in Parliament. According to the learned Judge, the contemner
said many more things as already mentioned by him in his letter dated 10th March,
1994. He further stated that the contemner created a scene which made it difficult to
continue the court proceedings and ultimately when it became difficult to hear all the
slogans, insulting words and threats, he requested his learned brother on the Bench
to list that case before another Bench and to retire to the chamber. Accordingly, the
order was made by the other learned member of the Bench and both of them retired
to their chambers.
The learned Judge also stated that the Contemner has made wrong statement when
he states "that applicant, therefore, conveyed to me that he was going to set aside
the entire order, against portion of which I had come in appeal because in his view,
the lower court was not competent to pass such order as Order 39 did not apply to
the facts". The learned Judge stated that he neither made any such statement nor
conveyed to the contemner as suggested by him. He reiterates that except one
sentence, viz., "that under which provision this order had been made by the trial
court" nothing was said by him. According to the learned Judge, it was a case where
the contemner did not permit the court proceedings to be proceeded and both the
Judges ultimately had to retire to the chambers. The learned Judge alleges that the
counter affidavit manufactures a defence. He has denied the contents of paragraph
6[H] and [I] of the counter affidavit by stating that nothing of the kind as alleged
therein had happened. According to the learned Judge, it was a case where the
contemner lost his temper on the question being put to him by him, i.e., the learned
Judge. He has stated that instead of losing his temper and creating a scene and
threatening and terrorising him, the contemner should have argued the matter and
encouraged the new junior Judge. The learned Judge has further denied the following
averment, viz., "unfortunately, the applicant Judge took it unsparingly and apparently
lost his temper and directed the stenographer to take down the order for setting aside
of the whole order" made in paragraph 6[J] of the counter affidavit, as wrong. He has
pointed out that in the Division Bench, it is the senior member who dictates
order/judgments. He has also denied the statements attributed to him in other
paragraphs of the affidavit and in particular, has stated that he did not make the
following observations: "I am from the Bar and if need be I can take to goondaism"
and has alleged that the said allegations are absolutely wrong. He has also denied
that he ever made the statements as follows : "I never opted for Allahabad. I had
opted for Gujarat and Himachal Pradesh. I do not know why the Chief justice of India
disregarded my options and transferred me to this place which I never liked".
According to him, the said allegations are manufactured with a view to create a
defence. He has denied the allegations made against him in the
additional/supplementary affidavits as wrong and has stated that what actually
happened in the Court was stated in his letter of 10th March, 1994.

On 7th October, 1994, the contemner filed his unconditional written apology in the
following words:
1 . In deep and regretful realization of the fact that a situation like the one
which has given rise to the present proceedings, and which in an ideal
condition should never have arisen, subjects me to deep anguish and
remorse and a feeling of moral guilt. The feeling has been compounded by
the fact of my modest association with the profession as the senior advocate
for some time and also being the President of the High Court Bar Association
for multiple terms (from which I have resigned a week or ten days back),
and also being the Chairman of the Bar Council of India for the third five -
year term. The latter two being elective posts convey with its holding an
element of trust by my professional fraternity which expectations of setting
up an example of an ideal advocate, which includes generating an intra-
professional culture between the Bar and the Bench, under which the first
looks upon the second with respect and resignation, the second upon the
first with courtesy and consideration. It also calls for cultivation of a
professional attitude amongst the lawyers to learn to be good and sporting
losers.
2 . Guilty realizing my failure at approximating these standards resulting in
the present proceedings, nolo contender I submit my humble and
unconditional apologies for the happenings in the Court of Justice S.K.
Keshote at Allahabad High Court on March 9, 1994, and submit myself at the
Hon. Courts sweet will.
3 . I hereby withdraw from record all my applications, petitions, counter
affidavits, and prayers made to the court earlier to the presented [sic] of this
statement. I, also, withdraw all submissions made at the bar earlier and rest
my matter with the present statement alone, and any submissions that may
be made in support of or in connection with statement.
On that day, the matter was adjourned to 24th November, 1994 to enable the learned
Counsel for the parties to make further submissions on the apology and to argue the
case on all points, since the Court stated that it may not be inclined to accept the
apology as tendered. The learned Counsel for all the parties including the contemner,
Bar Council of India and the State Bar Council of U.P. [who were allowed to
intervene] were heard and the matter was reserved for judgment.
6. Thereafter, the State Bar Council of U.P., also submitted its written submissions on
26th November, 1994 alongwith an application for intervention. We have perused the
said submissions.
7. We may first deal with the preliminary objection raised by the Contemner and the
State Bar Council, viz., that the Court cannot take cognisance of the contempt of the
High Courts. The contention is based on two grounds. The first is that Article 129
vests this Court with the power to punish only for the contempt of itself and not of
the High Courts. Secondly, the High Court is also another court of record vested with
identical and independent power of punishing for contempt of itself.
The contention ignores that the Supreme Court is not only the highest Court of
record, but under various provision of the Constitution, is also charged with the
duties and responsibilities of correcting the lower courts and tribunals and of
protecting them from those whose misconduct tends to prevent the due performance
of their duties. The latter functions and powers of this Court are independent of
Article 129 of the Constitution. When, therefore, Article 129 vest this Court with the

powers of the court of record including the power to punish for contempt of itself, it
vests such powers in this Court in its capacity as the highest court of record and also
as a court charged with the appellate and superintending powers over the lower
courts and tribunals as detailed in the Constitution. To discharge its obligations as
the custodian of the administrations of justice in the country and as the highest court
imbued with supervisory and appellate jurisdiction over all the lower courts and
tribunals, it is inherently deemed to have been entrusted with the power to see that
the stream of justice in the country remains pure, that its course is not hindered or
obstructed in any manner, that justice is delivered without fear or favour and for that
purpose all the courts and tribunals are protected while discharging their legitimate
duties. To discharge this obligation, this Court has to take cognisance of the
deviation from the path of justice in the tribunals of the land, and also of attempts to
cause such deviations and obstruct the course of justice. To hold otherwise would
mean that although this Court is charged with the duties and responsibilities
enumerated in the Constitution, it is not equipped with the power to discharge them.
This subject has been dealt with elaborately by this Court in All India Judicial Service
Association, Tis Hazari Court, Delhi v. State of Gujarat and Ors. MANU/SC/0473/1991
: AIR1991SC2150 . We may do no better than quote from the said decision the
relevant extracts :
18. There is therefore no room for any doubt that this Court has wide power
to interfere and correct the judgment and orders passed by any court or
tribunal in the country. In addition to the appellate power, the Court has
special residuary power to entertain appeal against any order of any court in
the country. The plenary jurisdiction of this Court to grant leave and hear
appeals against any order of a court or tribunal, confers power of judicial
superintendence over all the courts and tribunals in the territory of India
including subordinate courts of Magistrate and District Judge. This Court has,
therefore, supervisory jurisdiction over all courts in India.
19. Article 129 provides that the Supreme Court shall be a court of record
and shall have all the power of such a court including the power to punish
for contempt of itself. Article 215 contains similar provision in respect of
High Court. Both the Supreme court as well as High Courts are courts of
record having powers to punish for contempt including the power to punish
for contempt of itself. The Constitution does not define "Court of Record'.
This expression is well recognised in juridical world. In Jowitt's Dictionary of
English Law, "Court of record" is defined as :
A court whereof the acts and judicial proceedings are enrolled for a
perpetual memorial and testimony, and which has power to fine an
imprison for contempt of its authority.
In Wharton's Law Lexicon, Court of record is defined as :
Courts are either of record where their acts and judicial proceedings
are enrolled for a perpetual memorial and testimony and they have
power to fine and imprison, or not of record being courts of inferior
dignity, and in a less proper sense the King's Courts-and these art
not entrusted by law with any power to fine or imprison the subject
of the realm, unless by the express provision of some Act of
Parliament. These proceedings are not enrolled or recorded
In words and Phrases (Permanent Edition Vol.10 page 429) "Court of Record"
is defined as under :

Court of Record is a court where acts and judicial proceedings are
enrolled in parchment for a perpetual memorial and testimony, which
rolls are called the 'record' of the court, and are of such high and
supereminent authority that their truth is not to be questioned.
Halsbury's Law of England, 4th Edn., Vol.10, para 709, page 319, states :
Another manner of division is into courts of record and courts not of
record. Certain courts are expressly declared by statute to be courts
of record. In the case of courts not expressly declared to be courts of
record, the answer to the question whether a court is a court of
record seems to depend in general upon whether it has power to fine
or imprison, by statute or otherwise, for contempt of itself or other
substantive offences; if it has such power, it seems that it is a court
of record.... The proceedings of a court of record preserved in its
achieves are called records, and are conclusive evidence of that
which is recorded therein.
xxxxx
23. The question whether in the absence of any express provision a Court of
Record has inherent power in respect of contempt of subordinate or inferior
courts, has been considered by English and Indian courts.
xxxxx
...These authorities show that in England the power of the High Court to deal
with the contempt of inferior court was based not so much on its historical
foundation but on the High Court's inherent jurisdiction being a court of
record having jurisdiction to correct the orders of those courts.
xxxxx
24. In India prior to the enactment of the Contempt of Courts Act, 1926,
High Court's jurisdiction in respect of contempt of subordinate and inferior
courts was regulated by the principles of Common Law of England. The High
Courts in the absence of statutory provision exercised power of provision
exercised power of contempt to protect the subordinate courts on the
premise of inherent power of a Court of record."
26. The English and the Indian authorities are based on the basic foundation
of inherent power of a Court of Record, having jurisdiction to correct the
judicial order of subordinate courts. The King's Bench in England and High
Courts in India being superior Courts of Record and having judicial power to
correct orders of subordinate courts enjoyed the inherent power of contempt
to protect the subordinate courts. The Supreme Court being a Court of
Record under Article 129 and having wide power of judicial supervision over
all the courts in the country, must possess and exercise similar jurisdiction
and power as the High Courts and prior to contempt Legislation in 1926.
Inherent powers of a superior Court of Record have remained unaffected
even after codification of Contempt Law."
xxxxx
2 8 . ...The Parliament's power to legislate in relation to law of contempt
relating to Supreme Court is limited, therefore the Act does not impinge upon

this Court's power with regard to the contempt of subordinate courts under
Article 129 of the Constitution.
29. Article 129 declares the Supreme Court a court of record and it further
provides that the Supreme Court shall have all the powers of such a court
including the power to punish for contempt of itself. The expression used in
Article 129 is not restrictive instead it is extensive in nature. If the Framers
of the Constitution intended that the Supreme Court shall have power to
punish for contempt of itself only, there was no necessity of inserting the
expression "including the power to punish for contempt of itself". The Article
confers power on the Supreme Court to punish for contempt of itself and in
addition, it confers some additional power relating to contempt as would
appear from the expression "including". The expression "including" has been
interpreted by courts, to extend and widen the scope of power. The plain
language of Article 129 clearly indicates that this Court as a court of record
has power to punish for contempt of itself and also something else also
which could fall within the inherent jurisdiction of a court of record. In
interpreting the constitution, it is not permissible to adopt a construction
which would render any expression superfluous or redundant. The courts
ought not to accept any such construction. While construing Article 129, it is
not permissible to ignore the significance and impact of the inclusive power
conferred on the Supreme Court. Since the Supreme Court is designed by the
Constitution as a court of record and as the Founding Fathers were aware
that a superior court of record has inherent power to indict a person for the
contempt of itself as, well as of courts inferior to it, the expression
"including" was deliberately inserted in the article. Article 129 recognised the
existing inherent power of a court of record in its full plenitude including the
power to punish for the contempt of inferior courts. If Article 129 is
susceptible to two interpretations, we would prefer to accept the
interpretation which would preserve the inherent jurisdiction of this Court
being the superior court of record, to safeguard and protect the subordinate
judiciary, which forms the very backbone of administration of justice. The
subordinate courts administer justice at the grassroot level, their protection
is necessary to preserve the confidence of people in the efficacy of courts
and to ensure unsullied flow of justice at its base level.
xxxxxx
31. We have already discussed a number of decisions holding that the High
Court being a court of record has inherent power in respect of contempt of
itself as well as of its subordinate courts even in the absence of any express
provision in any Act. A fortiori the Supreme Court being the Apex Court of
the country and superior court of record should possess the same inherent
jurisdiction and power for taking action for contempt of itself as well as for
the contempt of subordinate and inferior courts. It was contended that since
High Court has power of superintendence over the subordinate courts under
Article 227 of the Constitution, therefore, High Court has power to punish for
the contempt of subordinate courts. Since the Supreme Court has no
supervisory jurisdiction over the High Court or other subordinate courts, it
does not possess powers which High Courts have under Article 215. This
submission is misconceived. Article 227 confers supervisory jurisdiction on
the High Court and in exercise of that power High Court may correct judicial
orders of subordinate courts, in addition to that, the High Court has
administrative control over the subordinate courts. Supreme Court's power to
correct judicial orders of the subordinate courts under Article 136 is much

wider and more effective than that contained under Article 227. Absence of
administrative power of superintendence over the High Court and subordinate
court does not affect this Court's wide power of judicial superintendence of
all courts in India. Once there is power of judicial superintendence, all the
courts whose orders are amenable to corrections by this Court would be
subordinate courts and therefore this Court also possesses similar inherent
power a the High Court has under Article 215 with regard to the contempt of
subordinate courts. The jurisdiction and power of a superior Court of Record
to punish contempt of subordinate courts was not founded on the Court's
administrative power of superintendence, instead the inherent jurisdiction
was conceded to superior Court of Record on the premise of its judicial
power to correct the errors of subordinate courts.
xxxxxx
36. Advent of freedom, and promulgation of Constitution have made drastic
changes in the administration of justice necessitating new judicial approach.
The Constitution has assigned a new role to the Constitutional Courts to
ensure rule of law in the country. These changes have brought new
perceptions. In interpreting the Constitution, we must have regard to the
social , economic and political changes, need of the community and the
independence of judiciary. The court cannot be a helpless spectator, bound
by precedents of colonial days which have lost relevance. Time has come to
have a fresh look at the old precedents and to lay down law with the changed
perceptions keeping in view the provisions of the Constitution. "Law", to use
the words of Lord Coleridge, "grows; and though the principles of law
remain unchanged yet their application is to be changed with the changing
circumstances of the time". The considerations which weighed with the
Federal Court in rendering its decision in Gauba and Jaitly case are no more
relevant in the context of the constitutional provisions.
37. Since this Court has power of judicial superintendence and control over
all the courts and tribunals functioning in the entire territory of the country,
it has a corresponding duty to protect and safeguard the interest of inferior
courts to ensure the flow of the stream of justice in the courts without any
interference or attack from any quarter. The subordinate and inferior courts
do not have adequate power under the law to protect themselves, therefore,
it is necessary that this Court should protect them. Under the constitutional
scheme this Court has a special role, in the administration of justice and the
powers conferred on it under Articles 32, 136, 141 and 142 form part of
basic structure of the Constitution. The amplitude of the power of this Court
under these articles of the Constitution cannot be curtailed by law made by
Central or State legislature. If the contention raised on behalf of the
contemners is accepted, the courts all over India will have no protection from
this Court. No doubt High Courts have power to persist for the contempt of
subordinate courts but that does not affect or abridge the inherent power of
this Court under Article 129. The Supreme Court and the High Court both
exercise concurrent jurisdiction under the constitutional scheme in matters
relating to fundamental rights under Articles 32 and 226 of the Constitution,
therefore this Court's jurisdiction and power to take action for contempt of
subordinate courts would not be inconsistent to any constitutional scheme.
There may be occasions when attack on Judges and Magistrates of
subordinate courts may have wide repercussions throughout the country, in
that situation it may not be possible for a High Court to contain the same, as
a result of which the administration of justice in the country may be

paralysed, in that situation the Apex Court must intervene to ensure smooth
functioning of courts. The Apex Court is duty bound to take effective steps
within the constitutional provisions to ensure a free and fair administration of
justice throughout the country, for that purpose it must wield the requisite
power to take action for contempt of subordinate courts. Ordinarily, the High
Court would protect the subordinate court from any onslaught on their
independence, but in exceptional cases, extraordinary situation may prevail
affecting the administration of public justice or where the entire judiciary is
affected, this Court may directly take cognisance of contempt of subordinate
courts. We would like to strike a note of caution that this Court will sparingly
exercise its inherent power in taking cognisance of the contempt of
subordinate courts, as ordinarily matters relating to contempt of subordinate
courts must be dealt with by the High Courts. The instant case is of
exceptional nature, as the incident created a situation where functioning of
the subordinate courts all over the country was adversely affected, and the
administration of justice was paralysed, therefore, this Court took cognisance
of the matter.
38. ...It is true that courts constituted under a law enacted by the Parliament
or the State legislature have limited legislature and they cannot assure
jurisdiction in a matter, not expressly assigned to them, but that is not so in
the case of a superior court of record constituted by the Constitution. Such a
court does not have a limited jurisdiction instead it has power to determine
its own jurisdiction. No matter is beyond the jurisdiction of a superior court
of record unless it is expressly shown to the so, under the provisions of the
Constitution. In the absence of any express provision in the Constitution the
Apex Court being a court of record has jurisdiction in every matter and if
there be any doubt, the Court has power to determine its jurisdiction. If such
determination is made by High Court, the same would be subject to appeal to
this Court, but if the jurisdiction is determined by this Court is would be
final.
xxxxxx
...We therefore hold that this Court being the Apex Court and a superior
court of record has power to determine its jurisdiction under Article 129 of
the Constitution and as discussed earlier it has jurisdiction to initiate or
entertain proceedings for contempt of subordinate courts. This view does not
run counter to any provision of the Constitution.
The propositions of law laid down and the observations made in this decision
conclusively negate the contention that this Court cannot take cognisance of the
contempt committed of the High Court.
8 . The contemner has also contended that notwithstanding the decision in Delhi
Judicial Service Association Case [supra], the matter should be referred to a larger
Bench because according to him, the decision does not lay down the correct
proposition of law when it gives this Court the jurisdiction under Article 129 of the
Constitution to take cognisance of the contempt of the High Court. Neither the
contemner nor the learned Counsel appearing on his behalf has pointed out to us any
specific infirmity in the said decision. We are not only in complete agreement with
the law laid down on the point in the said decision but are also unable to see how the
legal position to the contrary will be consistent with this Court's wide ranging
jurisdiction and its duties and responsibilities as the highest Court of the land as
pointed out above. Hence, we reject the said request.

9. The contemner has further contended that it will be necessary to hold an inquiry
into the allegations made by the learned Judge by summoning the learned judge for
examination to verify the version of the incident given by him as against that given
by the contemner. According to him, in view of the conflicting versions of the
incident given by him and the learned Judge, it would be necessary for him to cross-
examine the learned Judge. As the facts reveal, the contempt alleged is in the face of
the Court. The learned judge or the Bench could have itself taken action for the
offence on the spot. Instead, the learned Judge probably thought that it would not be
proper to be a prosecutor, a witness and the judge himself in the matter and decided
to report the incident to the learned Acting Chief Justice of his Court. There is
nothing unusual in the course the learned Judge adopted, although the procedure
adopted by the learned judge has resulted in some delay in taking action for the
contempt. (See Balogh v. Crown Court at St. Albans [1975] QB 73 [1974] 3 All ER
283. The criminal contempt of court undoubtedly amounts to an offence but it is an
offence sui generis and hence for such offence, the procedure adopted both under the
common law and the statute law even in this country has always been summary.
However, the fact that the process is summary does not mean that the procedural
requirement, viz., that an opportunity of meeting the charge, is denied to the
contemner. The degree of precision with which the change may be stated depends
upon the circumstances. So long as the gist of the specific allegations is made clear
or otherwise the contemner is aware of the specific allegation, it is not always
necessary to formulate the charge in a specific allegation. The consensus of opinion
among the judiciary and the jurists alike is that despite the objection that the judge
deals with the contempt himself and the Contemner has little opportunity to defend
himself, there is a residue of cases where not only it is justifiable to punish on the
spot but it is the only realistic way of dealing with certain offenders. This procedure
does not offend against the principle of natural justice, viz., Nemo judex in sua causa
since the prosecution is not aimed at protecting the Judge personally but protecting
the administration of justice. The threat of immediate punishment is the most
effective deterrent against misconduct. The judge has to remain in full control of the
hearing of the case and he must be able to take steps to restore order as early and
quickly as possible. The time factor is crucial. Dragging out the contempt
proceedings means a lengthy interruption to the main proceedings which paralyses
the court for a time and indirectly impedes the speed and efficiency with which
justice is administered. Instant justice can never be complete satisfactory yet it does
provide the simplest, most effective and least unsatisfactory method of dealing with
disruptive conduct in Court. So long as the contemner's interest are adequately
safeguarded by giving him an opportunity of being heard in his defence, even
summary procedure in the case of contempt in the face of the Court is commended
and not faulted.
1 0 . In the present case, although the contempt is in the face of the court, the
procedure adopted is not only not summary but has adequately safeguarded the
contemner's interest. The contemner was issued a notice intimating him the specific
allegation against him. He was given an opportunity to counter the allegations by
filing his counter affidavit and additional counter/supplementary affidavit as per his
request, and he has filed the same. He was also given an opportunity to file an
affidavit of any other person that he chose or to produce any other material in his
defence, which he has not done. However, in the affidavit which he has filed, he has
requested for an examination of the learned Judge. We have at length dealt with the
nature of in facie curiae contempt and the justification for adopting summary
procedure and punishing the offender on the spot. In such procedure, there is no
scope for examining the Judge or Judges of the court before whom the contempt is
committed. To give such a right to the contemner is to destroy not only the raison
d'etre for taking action for contempt committed in the face of the court but also to

destroy the very jurisdiction of the Court to adopt proceedings for such conduct. It is
for these reasons that neither the common law nor the statute law countenances the
claim of the offender for examination of the Judge or Judges before whom the
contempt is committed. Section 14 of our Act, i.e., the Contempt of Courts Act, 1971
deals with the procedure when the action is taken for the contempt in the face of the
Supreme Court and the High Court. Sub-section [3] of the said Section deals with a
situation where in facie curiae contempt is tried by a Judge other than the Judge or
judges in whose presence or hearing the offence is alleged to have been committed.
The provision in specific terms and for obvious reasons, states that in such cases it
shall not be necessary for the Judge or Judges in whose presence or hearing the
offence is alleged to have been committed, to appear as a witness and the statement
placed before the Chief Justice shall be treated as the evidence in the case. The
statement of the learned Judge has already been furnished to the contemner and he
has replied to the same. We have, therefore, to proceed by treating the statement of
the learned Judge and the affidavits filed by the contemner and the reply given by the
learned Judge to the said affidavits, as evidence in the case.
11. We may now refer to the matter in dispute to examine whether the contemner is
guilty of the contempt of court under the common law definition, "contempt of court"
is defined as an act or omission calculated to interfere with the due administration of
justice. This covers criminal contempt [that is, acts which so threaten the
administration of justice that they require punishment] and civil contempt
[disobedience of an order made in a civil cause]. Section 2[a][b] and [c] of the Act
defines the contempt of court as follows :
2. Definitions. - In this Act, unless the context otherwise requires, -
[a] "contempt of court" means civil contempt or criminal contempt;
[b] "civil contempt" means willful disobedience to any judgment,
decree, direction, order, writ or other process of a court or wilful
breach of an undertaking given to a court;
[c] "criminal contempt" means the publication [whether by words,
spoken or written, or by signs, or by visible representations, or
otherwise] of any matter or the doing of any other act whatsoever
which -
[i] scandalises or tends to scandalise, or lowers or tends to
lower the authority of any court; or
[ii] prejudices, or interferes or tends to interfere with, the
due course of any judicial proceedings; or
[iii] interferes or tends to interfere with, or obstructs or
tends to obstruct, the administration of justice in any other
manner;
From the facts which have been narrated above it is clear that the allegations against
the contemner, if true, would amount to criminal contempt as defined under Section
2[c] of the Act. It is in the light of this definition of the "criminal contempt" that we
have to examine the facts on record.
The essence of the contents of Justice Keshote's letter is that when he put a question
to the contemner as to under which provision the order was passed by the lower
court, the contemner "started to shout and said that no question could have been put

to him". The contemner further said that he would get the learned judge transferred
or see that impeachment motion was brought against him in Parliament. He also said
that he had "turned up many judges". He also created a scene in the Court. The
learned Judge has further stated in his letter that in sum and substance it was a
matter where "except to abuse him of mother and sister", he insulted him "like
anything". The contemner, according to the learned Judge, wanted to convey to him
that admission was a matter of course and no argument were to be heard at that
stage. The learned Judge has given his reaction to the entire episode by pointing out
that this is not a question of insulting a Judge but the institution as a whole. In case
the dignity of the judiciary was not maintained then he "did not know where the
institution would stand, particularly when contemner who is a senior advocate,
President of the Bar and Chairman of the Bar Council of India behaved in the court in
such manner which will have its effect on other advocates as well". He has further
stated that in case the dignity of the judiciary is not restored, it would be very
difficult for the judges to discharge the judicial function without fear or favour. At the
end of this letter, he has appealed to the learned Acting Chief Justice for "restoration
of dignity of the judiciary".
The contemner, as pointed out above, by filing an affidavit has denied the version of
the episode given by the learned Judge and has stated that when the matter was
called on, the learned Judge [he has referred to him as the 'applicant'] took charge of
the court proceedings and virtually foreclosed the attempts made by the senior Judge
to intervene. The learned judge inquired from the contemner as to under which law
the impugned order was passed to which the latter replied that it was under various
rules of Order 39, CPC. The learned Judge then conveyed to the contemner that he
was going to set aside the entire order although against a portion of it only he had
come in appeal. According to the contemner, he then politely brought to the notice of
the learned Judge that being the appellant, he had the dominion over the case and it
could not be made worse just because he had come to High Court. According to the
contemner, the learned Judge then apparently lost his temper and told him that he
would set aside the order in toto disregarding what he had said. The contemner has
then proceeded to state that "being upset over what" he felt was an arbitrary
approach to judicial process he "got emotionally perturbed" and "his professional and
institutional sensitivity got deeply wounded" and he told the applicant-Judge that "it
was not the practice" of that Court to dismiss case without hearing or to upset
judgments or portions of judgments which have not been appealed against.
According to the contemner, "unfortunately the applicant - Judge took it unsparingly
and apparently lost his temper and directed the Stenographer to take down the order
for setting aside the whole order. The contemner has then stated that he "found it
necessary to mention that the exchange that took place between him and the
applicant-Judge got a little heated up". In the moment of heat the applicant-Judge
made the following observations : "I am from the bar and if need be I can take to
goondaism. I never opted for Allahabad. I had opted for Gujarat and Himachal
Pradesh. I do not know why the Chief Justice of India disregarded my options and
transferred me to this place, which I never liked". According to the Contemner, he
was "provoked by this" and asked the learned Judge "whether he was creating a
scene to create conditions for getting himself transferred as also talked earlier". The
contemner has denied that he had referred to any impeachment although according to
him, he did say that "a Judge got himself transferred earlier on account of his
inability to command the goodwill of the Bar due to lack of mutual reverence". He
has also denied that when the learned judge asked him as to under which provision
the order was passed, he had replied that the Court had no jurisdiction to ask the
same and should admit and grant the stay order. He has added that such a reply
could only be attributed to one who is made and it is unbelievable that "he would
reply in such a foolish manner". He has also denied that he had abused the learned

Judge and the allegation made against him in that behalf were vague. According to
the contemner, if he had committed the contempt, the senior member of the Bench
would have initiated proceedings under "Article 129" of the Constitution for
committing contempt in facie curiae. He has also stated that even the learned Judge
himself could have done so but he did not do so and deferred the matter for the next
day and "adopted a devious way of writing to the acting Chief Justice for doing
something about it" which shows that the version of the episode was not correct. The
contemner has also then expressed his "uncomprehension" why the learned Judge
should have come to this Court when he had ample and sufficient legal and
constitutional powers to arraign the contemner at the "Bar for what was attributed" to
him.
12. Before we refer to the other contentions raised by the contemner, the question is
which of the two versions has to be accepted as correct. The contemner has no doubt
asked for an inquiry and an opportunity to produce evidence. For reasons stated
earlier, we declined his request for such inquiry, but gave him ample opportunity to
produce whatever material he desired to, including the affidavits of whomsoever he
desired. Our order dated 15th July, 1994 is clear on the subject. Pursuant to the said
order, the contemner has not filed his further affidavit or material or the affidavit of
any other person. Instead he tendered a written apology dated 7th October, 1994
which will be considered at the proper place. In his earlier counter additional
counter, he has stated that it is not he who had committed contempt but it is the
learned Judge who had committed contempt of his own court. According to him, the
learned Judge had gagged him from discharging his duties as an advocate and the
statement of senior member of the bench concerned was necessary. He has taken
exception to the learned Judge speaking in the Court except through the senior Judge
of the Bench which according to him, had been the practice in the said High Court
and has also alleged that the learned judge did not follow the said convention.
13. Normally, no Judge takes action for in facie curiae contempt against the lawyer
unless he is impelled to do so. It is not the heat generated in the arguments but the
language used, the tone and the manner in which it is expressed and the intention
behind using it which determine whether it was calculated to insult, show disrespect,
to overbear and overawe the court and to threaten and obstruct the course of justice.
After going through the report of the learned Judge and the affidavits and the
additional affidavits filed by the contemner and after hearing the learned Counsel
appearing for the contemner, we have come to the conclusion that there is every
reason to believe that notwithstanding his denials, and disclaimers, the contemner
had undoubtedly tried to browbeat, threaten, insult and show disrespect personally to
the learned Judge. This is evident from the manner in which even in the affidavits
filed in this Court, the contemner has tried to justify his conduct. He has started
narration of his version of the incident by taking exception the learned Judge's taking
charge of the court proceedings. We are unable to understand what exactly he means
thereby. Every member of the Bench is on par with the other member or members of
the Bench and has a right to ask whatever questions he want to, to appreciate the
merits or demerits of the case. It is obvious that the contemner was incensed by the
fact that the learned Judge was asking the questions to him. This is clear from his
contention that the learned Judge being a junior member of the Bench, was not
supposed to ask him any question and if any questions were to be asked, he had to
ask them through the senior member of the Bench because that was the convention
of the Court. We are not aware of any such convention in any court at least in this
country. Assuming that there is such a convention, it is for the learned Judges
forming the Bench to observe it inter se. No lawyer or a third party can have any
right or say in the matter and can make either an issue of it or refuse to answer the
questions on that ground. The lawyer or the litigant concerned has to answer the

questions put to him by any member of the Bench. The contemner has sought to rely
on the so-called convention and to spell out his right from it not to have been
questioned by the learned Judge This contention coupled with his grievance that the
learned Judge had taken charge of the proceedings, shows that the contemner was in
all probability perturbed by the fact that the learned Judge was asking him questions.
The learned Judge's version, therefore, appear to be correct when he states that the
contemner lost his temper when he started asking him questions. The contemner has
further admitted that he got "emotionally perturbed" and his "professional and
institutional sensitivity got deeply wounded" because the learned Judge, according to
him, apparently lost his temper and told him in no unconcealed terms that he would
set aside the order in toto disregarding what he had said. The learned Judge's
statement that the contemner threatened him with transfer and impeachment
proceedings also gets corroboration from the contemner's own statement in the
additional affidavit that he did tell the learned Judge that a Judge got himself
transferred earlier on account of his inability to command the goodwill of the Bar due
to lack of mutual reverence. No one expects a lawyer to be subservient to the Court
while presenting his case and not to put forward his arguments merely because the
Court is against him. In fact, that is the moment when he is expected to put forth his
best effort to persuade the Court. However, if, in spite of it, the lawyer finds that the
court is against him, he is not expected to be discourteous to the court or to fling hot
words or epithets or use disrespectful, derogatory or threatening language or exhibit
temper which has the effect of overbearing the court. Cases are won and lost in the
court daily. One or the other side is bound to lose. The remedy of the losing lawyer
or the litigant is to prefer an appeal against the decision and not to indulge in a
running battle of words with the court. That is the least that is expected of a lawyer.
Silence on some occasions is also an argument. The lawyer is not entitled to indulge
in unbecoming conduct either by showing his temper or using unbecoming language.
The incident had undoubtedly created a scene in the court since even according to
the contemner, the exchange between the learned Judge and him was "a little heated
up" and the contemner asked the learned Judge "whether he was creating scene to
create conditions for getting himself transferred as also talked earlier". He had also to
remind the learned Judge that "a Judge got himself transferred earlier on account of
his inability to command the goodwill of the Bar due to lack of mutual reverence". He
has further stated in his affidavit that "the entire Bar at Allahabad" knew that he was
unjustly "roughed" by the Judge and was being punished for taking "a fearless and
non-servile stand" and that he was being prosecuted for "asserting" a right of
audience and "using the liberty to express his views when a Judge takes a course
which in the opinion of the Bar is irregular". He has also stated that any punishment
meted out to the "outspoken" lawyer will completely emasculate the freedom of the
profession and make the Bar a subservient tail wagging appendage to the judicial
branch which is an anathema to a healthy democratic judicial system. He has further
stated in his petition for taking contempt action against the learned Judge that the
incident was "witnessed by a large number of advocates".
We have reproduced the contents of the letter written by the learned judge and his
reply to the affidavits filed by the contemner The learned Judge's version is that when
he put the question to the contemner as to under which provision, the lower court
had passed the order in question, the contemner started shouting and said that no
question could have been put to him. The contemner also stated that he would get
him transferred or see that impeachment motion was brought against him in
Parliament. He further said that he had "turned up" many judges and created a good
scene in the Court. The contemner further asked him to follow the practice of the
Court. The learned Judge has stated that in sum and substance, it was a matter where
except "to abuse of his mother and sister", he had insulted him "like anything". The

learned Judge has further stated that the contemner wanted to convey to him that
admission of every matter was as a matter of course and no arguments were heard at
the admission stage. He has reiterated the said version in his reply to the affidavits
and in particular, has denied the allegations made against him by the contemner. He
has defended his asking the question to the contemner since he was a member of the
Bench. The learned judge has stated that the contemner I took exception to his
asking the said question as if he had committed some wrong and started shouting.
He has further stated that he had asked only the question referred to above and the
contemner had created the scene on account of his putting the said question to him,
and made it difficult to continue the court's proceedings. Ultimately when it became
impossible he hear all the slogans and insulting words and threats, he requested the
senior learned member of the Bench to list the case before another Bench and to
retire to the chamber. Accordingly, an order was made by the senior member of the
Bench and both of them retired to the chamber. The learned Judge has denied that he
had conveyed to the contemner that he was going to set aside the entire order
against a portion of which the contemner had come in appeal. He has stated that it
was a case where the contemner did not permit the court proceedings to be
proceeded and both the members of the Bench had ultimately to retire to the
chambers. The learned Judge has stated that the defence of the conduct of the
contemner in the counter affidavit "was a manufactured" one. He has then dealt with
each paragraph of the contemner's counter affidavit. He has also stated that there
was no question of his having directed the stenographer to take down the order for
setting aside of the whole order since that function was performed by the senior
member of the Bench. He has also stated that the contemner has made absolutely
wrong allegations when he states that he had made the following remarks : "I am
from the bar and if need be I can take to goondaism". He has also denied that he had
said : "I never opted for Allahabad. I had opted for Gujarat and Himachal Pradesh. I
do not know why the Chief Justice of India disregarded my options and transferred
me to this place, which I never liked". He has stated that the contemner has made
false allegations against him.
We have, by referring to the relevant portions of the affidavit and the counter
affidavit filed by the contemner, pointed out the various statements made in the said
affidavits which clearly point to the veracity of the version given by the learned Judge
and the attempted rationalisation of his conduct by the contemner. The said
averments also lend force and truthfulness to the content of the learned Judge's
letters. We are, taking into consideration all the circumstances on record, of the view
that the version of the incident given by the learned Judge has to be accepted as
against that of the contemner.
To resent the questions asked by a Judge, to be disrespectful to him, to question his
authority to ask the questions, to shout at him, to threaten him with transfer and
impeachment, to use insulting language and abuse him, to dictate the order that he
should pass, to create scenes in the Court, to address him by losing temper, are all
acts calculated to interfere with and obstruct the course of justice. Such act tend to
overawe the court and to prevent it form performing its duty to administer justice.
Such conduct brings the authority of the court and the administration of justice into
disrespect and disrepute and undermines and erodes the very foundation of the
judiciary by shaking the confidence of the people in the ability of the court to deliver
free and fair justice.
The stance taken by the contemner is that he was performing his duty as an
outspoken and fearless member of the Bar. He seems to be labouring under a grave
misunderstanding.

Brazenness is not outspokenness and arrogance is not fearlessness. Use of
intemperate language is not assertion of right nor is a threat an argument. Humility is
not servility and courtesy and politeness are not lack of dignity. Self-restraint and
respectful attitude towards the Court, presentation of correct facts and law with a
balanced mind and without overstatement, suppression, distortion or embellishment
are requisites of good advocacy. A lawyer has to be a gentlemen first. His most
valuable asset is the respect and goodwill he enjoys among his colleagues and in the
Court.
The rule of law is the foundation of the democratic society. The judiciary is the
guardian of the rule of law. Hence judiciary is not only the third pillar, but the central
pillar of the democratic State. In a democracy like ours, where there is a written
Constitution which is above all individuals and institutions and where the power of
judicial review is vested in the superior courts, the judiciary has a special and
additional duty to perform, viz., to oversee that all individuals and institutions
including the executive and the legislature act within the framework of not only the
law but also the fundamental law of the land. This duty is apart from the function of
adjudicating the disputes between the parties which is essential to peaceful and
orderly development of the society. If the judiciary is to perform its duties and
functions effectively and true to the spirit with which they are sacredly entrusted to
it, the dignity and authority of the courts have to be respected and protected at all
costs. Otherwise, the very cornerstone of our constitutional scheme will give way and
with it will disappear the rule of law and the civilized life in the society. It is for this
purpose that the courts are entrusted with the extra-ordinary power of punishing
those who indulge in acts whether inside or outside the courts, which tend to
undermine their authority and bring them in disrepute and disrespect by scandalising
them and obstructing them from discharging their duties without fear or favour.
When the court exercises this power, it does not do so to vindicate the dignity and
honour of the individual judge who is personally attacked or scandalised, but to
uphold the majesty of the law and of the administration of justice. The foundation of
the judiciary is the trust and the confidence of the people in its ability to deliver
fearless and impartial justice. When the foundation itself is shaken by acts which
tend to create disaffection and disrespect for the authority of the court by creating
distrust in its working, the edifice of the judicial system gets eroded.
It cannot be disputed and was not disputed before us that the acts indulged into by
the contemner in the present case as stated by the learned Judge per se amount to
criminal contempt of court. What was disputed, was their occurrence. We have held
above that we are satisfied that the contemner did indulge in the said acts.
As held by this Court in the matter of Mr. 'G', a Senior Advocate of the Supreme
Court MANU/SC/0027/1954 : [1955] 1 SCR 490;
...the Court, in dealing with cases of professional misconduct is not
concerned with ordinary legal rights,
but with the special and rigid rules of professional conduct expected of and
applied to a specially privileged class of persons who, because of their
privileged status, are subject to certain disabilities which do not attach to
other men and which do not attach even to them in a non-professional
character....
He (a legal practitioner) is bound to conduct himself in a manner befitting
the high and honourable profession to whose privileges he has so long been
admitted; and if he departs from the high standards which that profession
has set for itself and demands of him in professional matters, he is liable to
disciplinary action.

In L.M. Das v. Advocate General, Orissa MANU/SC/0019/1956 : [1957]1SCR167 , this
Court observed :-
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
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 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 his predecessor on
the preliminary point of jurisdiction and Court fees, which order had been
upheld by the High Court in revision. Scandalising 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; it brought into disrepute the whole
administration of justice. From that point of view, the conduct of the
appellant was highly reprehensible.
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 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
and to the profession of law and the administration of justice in particular. It pains us
to note that the contemner is not only a senior member of the legal profession, but
holds the high offices of the Chairman of the Bar Council of India, Member of the Bar
Council of U.P., Chairman and Member, Executive Council and Academic Council of
the National Law School University of India at Bangalore and President of the High
Court Bar Association, Allahabad. Both as a senior member of the profession and as
holder of the said high offices, special and additional duties were cast upon him to
conduct himself as a model lawyer and officer of the court and to help strengthen the
administration of justice by upholding the dignity and the majesty of the court. It was
in fact expected of him to be zealous in maintaining the rule of law and in
strengthening the people's confidence in the judicial institutions. To our dismay, we
find that he has acted exactly contrary to his obligations and has in reality set a bad
example to others while at the same time contributing to weakening of the confidence
of the people in the courts.
The contemner has no doubt tendered an unconditional apology on 7th October, 1994
by withdrawing from record all his applications, petitions, counter affidavits, prayers
and submissions made at the Bar and to the court earlier. We have reproduced that
apology verbatim earlier. In the apology he has pleaded that he has deeply and
regretfully realised that the situation, meaning thereby the incident, should never
have arisen and the fact that it arose has subjected him to anguish and remorse and
a feeling of moral guilty. That feeling has been compounded with the fact that he was
a senior advocate and was holding the elective posts of the President of the High
Court Bar Association and the Chairman of the Bar Council of India which by their
nature show that he was entrusted by this professional fraternity to set up an
example of an ideal advocate. He has guiltily realised his failure to approximate to

this standard resulting in the present proceedings and he was, therefore, submitting
his unconditional apology for the incident in question, we have not accepted this
apology, firstly because we find that the apology is not a free and frank admission of
the misdemeanor he indulged in the incident in question. Is there a sincere regret for
the disrespect he showed to the learned Judge and the Court, and for the harm that
he has done to the judiciary. On the other hand, the apology is couched in a
sophisticated and garbed language exhibiting more an attempt to justify his conduct
by reference to the circumstances in which he had indulged in it and to exonerate
himself from the offence by pleading that the condition in which the "situation" had
developed was not an ideal one and were it ideal, the 'situation' should not have
arisen. It is a clever and disguised attempt to refurbish his image and get out of a
tight situation by not only not exhibiting the least sincere remorse for his conduct but
by trying to blame the so-called circumstances which led to it. At the same time, he
has attempted to varnish and re-establish himself as a valiant defender of his
"alleged duties" as a lawyer. Secondly, from the very inception his attitude has been
defiant and belligerent. In his affidavits and application, not only he has not shown
any respect for the learned Judge, but has made counter-allegations against him and
has asked for initiation of contempt proceedings against him. He has even chosen to
insinuate that the learned Judge by not taking contempt action on the spot and
instead writing the letter to the Acting Chief Justice of the High Court, had adopted a
devious way and that he had also come to Delhi to meet "meaningful" people. These
allegations may themselves amount to contempt of court. Lastly, to accept any
apology for a conduct of this kind and to condone it, would tantamount to a failure
on the part of this Court to uphold the majesty of the law, the dignity of the court
and to maintain the confidence of the people in the judiciary. The Court will be failing
in its duty to protect the administration of justice from attempts to denigrate and
lower the authority of the judicial officers entrusted with the sacred task of delivering
justice. A failure on the part of this Court to punish the offender on an occasion such
as this would thus be a failure to perform one of its essential duties solemnly
entrusted to it by the Constitution and the people. For all these reasons, we
unhesitatingly reject the said so called apology tendered by the contemner.
14. The question now is what punishment should be meted out to the contemner. We
have already discussed the contempt jurisdiction of this Court under Article 129 of
the Constitution. That jurisdiction is independent of the statutory law of contempt
enacted by the Parliament under Entry 77 of List I of VII Schedule of the Constitution.
The jurisdiction of this Court under Article 129 is sui generis. The jurisdiction to take
cognisance of the contempt as well as to award punishment for it being
constitutional, it cannot be controlled by any statute. Neither, therefore, the
Contempt of Courts Act, 1971 nor the Advocates Act, 1961 can be pressed into
service to restrict the said jurisdiction. We have during the course of the proceedings
indicated that if we convict the contemner of the offence, we may also suspend his
licence to practise as a lawyer. The learned Counsel for the contemner and the
interveners and also the learned Solicitor General appointed amicus curiae to assist
the Court were requested to advance their arguments also on the said point. Pursuant
to it, it was sought to be contended on behalf of the contemner and the U.P. Bar
Association and the U.P. Bar Council that the Court cannot suspend the licence which
is a power entrusted by the Advocates Act, 1961 specially made for the purpose, to
the disciplinary committees of the State Bar Councils and of the Bar Council of India.
The argument was that even the constitutional power under Articles 129 and 142 was
circumscribed by the said statutory provisions and hence in the exercise of our power
under the said provisions, the licence of an advocate was not liable either to be
cancelled or suspended. A reference was made in this connection to the provisions of
Sections 35 and 36 of the Advocates Act, which show that the power to punish the
advocate is vested in the disciplinary committees of the State Bar Council and the Bar

Council of India. Under Section 37 of the Advocates Act, an appeal lies to the Bar
Council of India, when the order is passed by the disciplinary committee of the State
Bar Council. Under Section 38, the appeal lies to the Court when the order is made
by the disciplinary committee of the Bar Council of India, either under Section 36 or
in appeal under Section 37. The power to punish includes the power to suspend the
Advocate from practice for such period as the disciplinary committee concerned may
deem fit under Section 35[3](c) and also to remove the name of the advocate from
the State roll of the Advocates under Section 35[3](d). Relying on these provisions, it
was contended that since the Act has vested the powers of suspending and removing
the advocate from practice inclusively in the disciplinary committees of the State Bar
Council and the Bar Council of India, as the case may be, the Supreme Court is
denuded of its power to impose such punishment both under Articles 129 and 142 of
the Constitution. In support of this contention, reliance was placed on the
observations of the majority of this Court in Prem Chand Garg v. Excise Commission,
U.P., Allahabad MANU/SC/0082/1962 : [1963] Supp. 1 S.C.R. 885 relating to the
powers of this Court under Article 142 which are as follows :
In this connection, it may be pertinent to point out that the wide powers
which are given to this Court for doing complete justice between the parties,
can be used by this Court for instance, in adding parties to the proceedings
pending before it, or in admitting additional evidence, or in remanding the
case, or in allowing an new point to be taken for the first time. It is plain
that in exercising these and similar other powers, this Court would not be
bound by the relevant provisions of procedure if it is satisfied that a
departure from the said procedure is necessary to do complete justice
between the parties.
That takes us to the second argument urged by the Solicitor-General that
Article 142 and Article 32 should be reconciled by the adoption of the rule of
harmonious construction. In this connection, we ought to bear in mind that
though the powers conferred on this Court by Article 142(1) are very wide,
and the same can be exercised for doing complete justice in any case, as we
have already observed, this Court cannot even under Article 142(1) make an
order plainly inconsistent with the express statutory provisions of substantive
law, much less, inconsistent with any Constitutional provisions. There can,
therefore, be no conflict between Article 142(1) and Article 32. In the case of
KM. Nanavati v. The State of Bombay MANU/SC/0063/1960 : 1961CriL J173
on which the Solicitor-General relies, it was conceded, and rightly, that
under Article 142(1) this Court had the power to grant bail in cases brought
before it, and so, there was obviously a conflict between the power vested in
this Court under the said Article and that vested in the Governor of the State
under Article 161. The possibility of a conflict between these powers
necessitated the application of the rule of harmonious construction. The said
rule can have no application to the present case, because on a fair
construction of Article 142(1), this Court has no power to circumscribe the
fundamental right guaranteed under Article 32. The existence of the said
power is itself in dispute, and so, the present case is clearly distinguishable
from the case of KM. Nanavati.
1 5 . Apart form the fact that these observations are made with reference to the
powers of this Court under Article 142 which are in the nature of supplementary
powers and not with reference to this Court's power under Article 129, the said
observations have been explained by this Court in its latter decisions in Delhi Judicial
Services Association v. State of Gujarat [supra] and Union Carbide Corporation v.
Union of India [1991] SCC 584. In paragraph 51 of the former decision, it has been,

with respect, rightly pointed out that the said observations were made with regard to
the extent of this Court's power under Article 142[1] in the context of fundamental
rights. Those observations have no bearing on the present issue. No doubt, it was
further observed there that those observations have no bearing on the question in
issue in that case as there was no provision in any substantive law restricting this
Court's power to quash proceedings pending before subordinate courts. But it was
also added there that this Court's power under Article 142[1] to do complete justice
was entirely of different level and of a different quality. Any prohibition or restriction
contained in ordinary laws cannot act as a limitation on the constitutional power of
this Court. Once this Court is in seisin of a matter before it, it has power to issue any
order or direction to do complete justice in the matter. A reference was made in that
connection to the concurring opinion of Justice A.N. Sen in Harbans Singh v. State of
U.P. MANU/SC/0072/1982 : 1982CriL J795 , where the learned Judge observed as
follows :
Very wide powers have been conferred on this Court for due and proper
administration of justice. Apart from the jurisdiction and powers conferred on
this Court under Articles 32 and 136 of the Constitution I am of the opinion
that this Court retains and must retain, an inherent power and jurisdiction for
dealing with any extra-ordinary situation in the larger interests of
administration of justice and for preventing manifest injustice being done.
This power must necessarily be sparingly used only in exceptional
circumstances for furthering the ends of justice.
The Court has then gone on to observe there that no enactment made by Central or
State legislature can limit or restrict the power of this Court under Article 142 of the
Constitution, though the Court under Article 142 of the Constitution, though the Court
must take into consideration the statutory provisions regulating the matter in dispute.
What would be the need of complete justice in a cause or matter, would depend upon
the facts and circumstances of each case.
In the latter case, i.e., the Union Carbide's case [supra], the Constitution Bench in
paragraph 83 stated as follows:
It is necessary to set at rest certain misconceptions in the arguments
touching the scope of the powers of this Court under Article 142(1) of the
Constitution, These issues are matter of serious public importance. The
proposition that a provision in any ordinary law irrespective of the
importance of the public policy on which it is founded, operates to limit the
powers of the apex Court under Article 142(1) is unsound and erroneous. In
both Garg as well as Antulay cases the point was one of violation of
constitutional provisions and constitutional rights. The observations as to the
effect of inconsistency with statutory provisions were really un-necessary in
those cases as the decisions in the ultimate analysis turned on the breach of
constitutional rights. We agree with Shri Nariman that the power of the Court
under Article 142 insofar" as quashing of criminal proceedings are concerned
is not exhausted by Section 320 or 321 or 482 Cr.P.C. or all of them put
together. The power under Article 142 is at an entirely different level and of
a different quality. Prohibitions or limitations or provisions contained in
ordinary laws cannot, ipso facto, act as prohibitions or limitations on the
constitutional powers under Article 142. Such prohibitions or limitations in
the statutes might embody and reflect the scheme of a particular law, taking
into a Count the nature and status of the authority or the court on which
conferment of powers - limited in some appropriate way - is contemplates.
The limitations may not necessarily reflect or be based on any fundamental

considerations of public policy. Shri Sorabjee, learned Attorney General,
referring to Garg Case, said that limitation on the powers under Article 142
arising form "inconsistency with express statutory provisions of substantive
law" must really mean and be understood as some express prohibition
contained in any substantive statutory law. He suggested that if the
expression 'prohibition' is read in place of 'provision' that would perhaps
convey the appropriate idea. But we think that such prohibition should also
be shown to be based on some underlying fundamental and general issues of
public policy and not merely incidental to a particular statutory scheme or
pattern. It will again be wholly incorrect to say that powers under Article 142
are subject to such express statutory prohibitions. That would convey the
idea that statutory provisions override a constitutional provision. Perhaps,
the proper way of expressing the idea is that in exercising powers under
Article 142 and in assessing the needs of "complete justice" of a cause or
matter, the apex Court will take note of the express prohibitions in any
substantive statutory provision based on some fundamental principles of
public policy and regulate the exercise of its power and discretion
accordingly. The proposition does not relate to the powers of the Court under
Article 142, but only to what is or is not 'complete justice' of a cause or
matter and in the ultimate analysis of the propriety of the exercise of the
power. No question of lack of jurisdiction or of nullity can arise.
In view of these observations of the latter Constitution Bench on the point, the
observations made by the majority in Prem Chand Garg's case [supra] are no longer
a good law. This is also pointed out by this Court in the case of Mohammed Anis v.
Union of India and Ors. MANU/SC/0901/1994by referring to the decision of Delhi
Judicial Services v. State of Gujarat (supra) and Union Carbide Corporation v. Union
of India (supra) by observing that statutory provisions cannot override the
constitutional provisions and Article 142[1] being a constitutional power it cannot be
limited or conditioned by any statutory provision. The Court has then observed that it
is, therefore, clear that the power of the Apex Court under Article 142[1] of the
Constitution cannot be diluted by statutory provisions and the said position in law is
now well settled by the Constitution Bench decision in Union Carbide's case [supra].
1 6 . The consequence of accepting the said contention advanced on behalf of the
contemner and the other parties, will be two-fold. This Court while exercising its
power under Article 142(1) would not even be entitled to reprimand the Advocate for
his professional misconduct which includes exhibition of disrespect to the Court as
per Rule 2 of Section 1 of Chapter II of Part VI of the Bar Council of India Rules made
under the Advocates Act, which is also a contempt of court, since the reprimand of
the advocate is a punishment which the disciplinary committees of the State Bar
Council and of the Bar Council of India are authorised to administer under Section 35
of the Advocates Act. Secondly, it would also mean that for any act of contempt of
court, if it also happens to be an act of professional misconduct under the Bar
Council of India Rules, the courts including this Court, will have no power to take
action since the Advocates Act confers exclusive power for taking action for such
conduct on the disciplinary committees of the State Bar Council and the Bar Council
of India, as the case may be. Such a proposition of law on the face of it deserves
rejection for the simple reason that the disciplinary jurisdiction of the State Bar
Council and the Bar Council of India to take action for professional misconduct is
different from the jurisdiction of the courts to take action against the advocates for
the contempt of court. The said jurisdiction co-exist independently of each other. The
action taken under one jurisdiction does not bar an action under the other
jurisdiction.

1 7 . The contention is also misplaced for yet another and equally, if not more,
important reason. In the matter of disciplinary jurisdiction under the Advocates Act,
this Court is constituted as the final Appellate authority under Section 38 of the Act
as pointed out earlier. In that capacity this Court can impose any of the punishments
mentioned in Section 35(3) of the Act including that of removal of the name of the
Advocate from the State roll and of suspending him from practice. If that be so, there
is no reason why this Court while exercising its contempt jurisdiction under Article
129 read with Article 142 cannot impose any of the said punishments. The
punishment so imposed will not only be not against the provisions of any statute, but
in conformity with the substantive provisions of the Advocates Act and for conduct
which is both a professional misconduct as well as the contempt of court. The
argument has, therefore, to be rejected.
18. What is further, the jurisdiction and powers of this Court under Article 142 which
are supplementary in nature and are provided to do complete justice in any matter,
are independent of the jurisdiction and powers of this Court under Article 129 which
cannot be trammeled in any way by any statutory provision including the provisions
of the Advocates Act or the Contempt of Courts Act. As pointed out earlier, the
Advocates Act has nothing to do with the contempt jurisdiction of the court including
of this Court and the Contempt of Courts Act, 1971 being a statute cannot denude,
restrict or limit the powers of this Court to take action for contempt under Article
129. It is not disputed that suspension of the advocate from practice and his removal
from the State roll of advocates are both punishments. There is no restriction or
limitation on the nature of punishment that this Court may award while exercising its
contempt jurisdiction and the said punishments can be the punishments the Court
may impose while exercising the said jurisdiction.
Shri P.P. Rao, learned Counsel appearing for the High Court Bar Association of
Allahabad contended that Article 19[1](a) and 19(2), and 19[1](g) and 19[6] have to
be read together and thus read the power to suspend a member of the legal
profession from practice or to remove him from the roll of the State Bar Council is
not available to this Court under Article 129. We have been unable to appreciate this
contention. Article 19[1](a) guarantees freedom of speech and expression which is
subject to the provisions of Article 19[2] and, therefore, to the law in relation to the
contempt of court as well, Article 19[1](g) guarantees the right to practise any
profession or to carry on any occupation, trade or business and is subject to the
provisions of Article 19[6] which empowers the State to make a law imposing
reasonable restrictions, in the interests of general public, on the exercise of the said
right and, in particular, is subject to a law prescribing technical or professional
qualifications necessary for practising the profession or carrying on the occupation,
trade or business. On our part we are unable to see how these provisions of Article
19 can be pressed into service to limit the power of this Court to take cognisance of
and punish for the contempt of court under Article 129. The contention that the
power of this Court under Article 129 is subject to the provisions of Articles 19[1](a)
and 19[1](g), is unexceptional. However, it is not pointed out to us as to how the
action taken under Article 129 would be violative of the said provisions, since the
said provisions are subject to the law of contempt and the law laying down technical
and professional qualifications necessary for practising any profession, which
includes the legal profession. The freedom of speech and expression cannot be used
of committing contempt of court nor can the legal profession be practised by
committing the contempt of court. The right to continue to practise, is subject to the
law of contempt. The law does not mean merely the statute law but also the
constitutional provisions. The right, therefore, is subject to the restrictions placed by
the law of contempt as contained in the statute - in the present case, the Contempt of
Courts Act, 1971 as well as to the jurisdiction of this Court and of the High Court to

take action under Articles 129 and 215 of the Constitution respectively. We,
therefore, do not see any conflict between the provisions of Articles 129 and 215,
and Article 19[1](a) and Article 19(1)(g) read with Articles 19[2] and 19[6]
respectively.
19. When the Constitution vests this Court with a special and specific power to take
action for contempt not only of itself but of the lower courts and tribunals, for
discharging its constitutional obligations as the highest custodian of justice in the
land, that power is obviously coupled with a duty to protect all the limbs of the
administration of justice from those whose actions create interference with or
obstruction to the course of justice. Failure to exercise the power on such occasions,
when it is invested specifically for the purpose, is a failure to discharge the duty. In
this connection, we may refer to the following extract from the decision of this Court
in Chief Controlling Revenue Authority and Superintendent of Stamps v. Maharashtra
Sugar Mills Ltd. MANU/SC/0001/1950 .
...But when a capacity or power is given to a public authority there may be
circumstances which couple with the power a duty to exercise it. To use the
language of Lord Cairns in the case of Julius v. Bishop of Oxford: There may
be something in the nature of the thing empowered to be done, something in
the object for which it is to be done, something in the conditions under
which it is to be done, something in the title of the person or persons for
whose benefit the power is to be exercised, which may couple the power
with a duty, and make it the duty of the person in whom the power is
reposed to exercise that power when called upon to do so'.
2 0 . For the reason discussed above, we find the contemner, Shri Vinay Chandra
Mishra, guilty of the offence of the criminal contempt of the Court for having
interfered with and obstructed the course of justice by trying to threaten, overawe
and overbear the court by using insulting, disrespectful and threatening language,
and convict him of the said offence. Since the contemner is a senior member of the
Bar and also adorns the high offices such as those of the Chairman of the Bar Council
of India, the President of the U.P. High Court Bar Association, Allahabad and others,
his conduct is bound to infect the members of the Bar all over the country. We are,
therefore, of the view that an exemplary punishment has to be meted out to him.
21. The facts and circumstances of the present case justify our invoking the power
under Article 129 read with Article 142 of the Constitution to award to the contemner
a suspended sentence of imprisonment together with suspension of his practice as an
advocate in the manner directed herein. We accordingly sentence the contemner for
his conviction for the offence of criminal contempt as under :
(11.1) The contemner is sentenced to undergo simple imprisonment for a
period of six weeks. However, in the circumstances of the case, the sentence
will remain suspended for a period of four years and may be activated in
case the contemner is convicted for any other offence of contempt of court
within the said period,
(11.2) The contemner shall stand suspended from practising as an advocate
for a period of three years from today with the consequence that all elective
and nominated offices/posts at presents held by him in his capacity as an
advocate, shall stand vacated by him forthwith.
The contempt petition is disposed of in the above terms.

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MANU/SC/0471/1995

IN THE SUPREME COURT OF INDIA

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