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In Re: Mathews Nedumpara (Suo Motu Contempt Petition)

Contempt Petition (Criminal) · 2019 INSC 409Decided 27 Mar 2019
Contempt Petition (Criminal) No. 1 of 2019
Justice Rohinton Fali Nariman · Justice Vineet Saran

Background

By an earlier judgment dated 12 March 2019, this Bench had already held advocate Mathews Nedumpara guilty of contempt committed in the open court (including conduct towards a senior counsel and the Bench itself), and had issued notice to him only on the question of what punishment should follow. At the punishment hearing, Nedumpara's counsel raised procedural objections, after which Nedumpara personally tendered a sworn affidavit of unconditional apology, expressing regret and undertaking never again to "browbeat" any judge of the Supreme Court or the Bombay High Court.

Decision Breakdown

The Court considered the affidavit along with the pattern of conduct in both the Bombay High Court and the Supreme Court, and sentenced Nedumpara to three months' imprisonment, but suspended the sentence conditional on his continuing to honour the undertaking given in court. It additionally barred him from practising as an advocate before the Supreme Court for one year. This disposed of the punishment aspect of the contempt-in-the-face-of-court matter. Separately, on the same order, the Bench noted that fresh scandalous complaints had been filed against the members of the Bench by Nedumpara and three others, and issued fresh contempt notices to all four on that distinct allegation, directing the Chief Justice of India to constitute a separate bench to hear it.

Lesson Learnt

Contempt of court (openly disrespecting or intimidating a judge) can carry real punishment including suspended imprisonment and a practice ban, even where the contemnor later apologises; an apology may mitigate the sentence but does not erase the finding of contempt itself.

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

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