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Bal Kishan Giri v. State of Uttar Pradesh

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 555 of 2010)Decided 28 May 2014
Criminal Appeal No. 555 of 2010
Justice B.S. Chauhan · Justice A.K. Sikri

Background

After his nephew was murdered, an advocate complained that High Court judges and a senior lawyer were colluding to secure bail for the accused. The High Court found him guilty of criminal contempt and imposed one month's imprisonment and a ₹20,000 fine. He challenged the procedure and relied on an unconditional apology and his emotional distress.

Decision Breakdown

The Court upheld the contempt conviction and prison sentence. It found the accusations serious, unsupported and harmful to public confidence in the administration of justice, and rejected the claim that other advocates had misled him. The asserted procedural defect had caused no demonstrated miscarriage of justice, and the Court considered the apology insincere. However, the statutory ceiling on a contempt fine required reduction from ₹20,000 to ₹2,000. The same fine reduction was made in the connected appeal, and the appellants were directed to surrender.

Lesson Learnt

Unsupported accusations that judges are fixing outcomes can attract contempt liability, and saying sorry does not automatically erase it. Even where contempt is established, punishment must remain within the statutory limits.

Official source (sci.gov.in)View Judgment (PDF)

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