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Contempt of CourtSupreme Court of India

Amit Chanchal Jha v. Registrar, High Court of Delhi

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 864-865 of 2012)Decided 12 Dec 2014
Criminal Appeal Nos. 864-865 of 2012
Justice T.S. Thakur · Justice Adarsh Kumar Goel

Background

An advocate was convicted of criminal contempt after physically abusing a woman advocate during court proceedings and initially accepting the charge before the High Court. The High Court imposed seven days' imprisonment, legal-aid work for jail inmates and a three-month bar on appearances in Delhi courts, and referred the incident to the Bar Council of India. He later challenged the procedure and accounts of the incident, before withdrawing allegations against the woman and tendering an apology in the Supreme Court.

Decision Breakdown

The Supreme Court dismissed the appeals except for removing the direction to refer the matter to the Bar Council of India. It retained the contempt conviction and the other consequences imposed by the High Court. The advocate's changing accounts and continued allegations that the High Court had recorded facts incorrectly prevented the Court from treating the later apology as sufficiently sincere to undo the conviction. The Court stressed the need to protect the administration of justice from disruptive professional misconduct, while finding an additional Bar Council referral unnecessary in the circumstances.

Lesson Learnt

An apology does not automatically erase contempt arising from misconduct that obstructs court proceedings. In this case, its sincerity was assessed against the advocate's entire course of conduct, including inconsistent explanations and allegations he had not withdrawn.

Amit Chanchal Jha v. Registrar, High Court of Delhi – Legal Case Shots | LegalAware