Raj Kumar Makkad (Adv P & H High Court Chandigarh) 10 February 2012

Jumbo bench initiates contempt against madras high court law

CHENNAI: A jumbo bench of the Madras high court comprising Chief Justice M Y Eqbal and six other senior judges had a special sitting on Thursday morning after a letter containing contemptuous allegations was received by the chief justice.

Two advocates representing two clients in a criminal case kept on levelling allegations and asking every bench that their matter should not be heard by them. In the end, they lodged a perjury complaint against the registrar general and a quo warranto plea against the registrar general after her elevation as a judge of the high court.

Making matters worse, they then wrote the letter listing 13 judges who should not hear the case, saying they won't get justice at their hands.

When the seven-judge bench said prima facie contempt had been made out, the advocates tendered unconditional apology for their conduct. Rejecting their apology, the bench has asked the two advocates and their clients -- Vimala and her husband Andiappan -- to be present in court on February 23.

Judges lamented the sorry conduct of a fraction of advocates in the Madras high court and said the glory of the court was going down. They said it amounted to direct interference with the administration of justice.

All bar leaders too disapproved of the conduct, and wanted exemplary punishment to them. The matter has been posted to February 23 for further hearing.

SOURCE: The Times of India

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2 Replies

Democratic Indian (n/a) 10 February 2012

I do not know the details of this case, therefore would not comment on this. But it is often heard that "contempt of court" in some cases is used as a weapon to silence a dissenting opinion that may unearth some unpleasant facts. I am attaching with this post below, a very well written document by Justice Markande Katju of Supreme Court, after the reading of which the opinions of many advocates about contempt will get better, and change and probably they will also be able to fight its misuse better. It would be good if this document is shared among all your colleages and friends.

Attached File : 602014528 contempt.pdf downloaded: 98 times

DIVYAA (STUDENT) 12 March 2012

Dear SIR,

There was a case u/s 138 NI ACT against my uncle.The young Magistrate was the friend of the Bank’s counsel ,therefore he ignored all the defence materials and convicted my uncle for the offence u/s 138 N.I.ACT. during the course of proceedings the accused (my uncle) submitted the letter received by him along with the envelope in original before the court as Defence witness u/s 315 Cr.P.C. THE LETTER which was sent by the bank’s advocate was ‘offer letter for settlement’ instead of notice as required u/s 138.The bank’s advocate refuted the defence evidence and claimed that he had sent the notice but the accused had forged the letter to cause wrongful loss to the complainant.The bank’s advocate filed an application u/s 340 cr.pc (without any affidavit and evidence ) against the accused .The accused filed the Reply to that complaint.The banks advocate filed the rejoinder and the accused filed the “Final reply to the rejoinder” ,thereby closing the arguments.And also filed an application u/s 340 cr.pc. against the bank’s advocate and complainant’s A.R. alongwith affidavit and relevant evidence to rebut the bank’s claim.However,the Magistrate being the friend (as he knows the bank’s advocate since his days of practice in rohini court) and convicted the accused and filed an complaint u/s 195 crpc to the C.M.M. on the 340 crpc application of the bank’s advocate.And nowhere in his order and judgment mentioned the filing of the application filed by the accused u/s 340 crpc .The accused applied the certified copy of the whole record and came to know that “the application filed u/s 340 crpc by the accused was not on the court records and the same has been removed with malafide intentions by the magistrate or courts staff to benefit the complainant”.

Now the accused is filing an appeal u/s 341 crpc against the complaint made by the magistrate u/s 195 crpc to the C.M.M. on the 340 crpc application of the bank’s advocate.And an appeal u/s 374 crpc against the order and judgment challenging the conviction.

As We have to file an application u/s 340 crpc on the grounds that the same neither being rejected nor taken cognizance of the same by the magistrate despite filing the affidavit also,but the M.M. has wiped the said application u/s 340 crpc filed by the accused from the court records.

Pls. guide as how to make a complaint of the documents missing from the court records and under which sections or provisions .The accused has only xerox copy of the said application and affidavit made on that date.

And how to convince the A.C.M.M. to consider the same and maintain it on the court records on the same date when it was filed.

And under which provisions a complaint can be filed such as 197 crpc against the erring and corrupt magistrate for his biased and flagrant attitude against the accused during the proceedings.

Regards,

DIVYAA