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Lomesh Vidya Sagar v. Court of its Own Motion, Punjab and Haryana High Court at Chandigarh

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 1176-1178 of 2016)Decided 2 Dec 2016
Criminal Appeal Nos. 1176-1178 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellant had been convicted by the Punjab and Haryana High Court in three separate contempt proceedings under the Contempt of Courts Act, 1971, and was fined Rs. 1,00,000 in each case. He appealed to the Supreme Court against these convictions and penalties.

Decision Breakdown

The Supreme Court heard the appellant's counsel and noted that the appellant had tendered an unconditional and unqualified apology for his conduct. Taking that apologetic stand into account, the Court held that the interests of justice would be served by setting aside both the conviction and the penalty in all three cases. The appeals were accordingly allowed in full.

Lesson Learnt

In contempt of court proceedings, a sincere, unconditional and unqualified apology can persuade the Supreme Court to set aside both the conviction and the penalty, even after a High Court has already found a person guilty of contempt.

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

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