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In Re: Mohit Chaudhary, Advocate

Contempt Petition (Criminal) · 2017 INSC 755Decided 17 Aug 2017
Contempt Petition (Criminal) No. 5 of 2017
Chief Justice J.S. Khehar · Dr. Justice D.Y. Chandrachud · Justice Sanjay Kishan Kaul

Background

On 7 April 2017, Advocate-on-Record Mohit Chaudhary made an agitated mentioning before the Supreme Court alleging that the Court's Registry had colluded with an opposing litigant to manipulate the listing of a high-value Mumbai land dispute matter before a "special bench" in order to engage in improper "bench hunting," and he handed in a letter making these allegations, implicitly also insinuating misconduct by the Chief Justice (since only the Chief Justice, not the Registry, constitutes benches). The Court found on verification that the allegations were factually false, the matter had been listed pursuant to an earlier judicial direction dated 31 March 2017 by the very same regular bench, not any special bench, and concluded the real intent was that the petitioner-litigant and his advocate were themselves attempting improper "bench hunting." The Court treated this as contempt in the face of the Court and issued notice, after which Chaudhary filed an affidavit tendering an unconditional apology.

Decision Breakdown

The Supreme Court held that Mohit Chaudhary's conduct, making false and insinuating allegations against the Registry and, implicitly, against the judiciary, in open court, amounted to conduct unbecoming of an Advocate-on-Record under the Supreme Court Rules, 2013 (specifically Order IV Rule 10). While accepting that a full-fledged permanent removal from the register of Advocates-on-Record would have been within its power, the Court took a lenient view given his unconditional apology and otherwise clean record representing significant institutional clients, and imposed a comparatively lesser penalty: Chaudhary was barred from practicing as an Advocate-on-Record for a period of one month from the date of the order.

Lesson Learnt

An Advocate-on-Record who makes false, exaggerated, or insinuating allegations against the Court's Registry or judges, even while purportedly acting on a client's instructions, risks being held in contempt and can be temporarily barred from practicing in that specialized capacity; a sincere and timely apology may mitigate, but will not necessarily eliminate, the consequences.

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

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