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P. R. Adikesavan vs. The Registrar General, High Court of Madras

Criminal Appeal · 2022 INSC 625Decided 23 May 2022
Criminal Appeal No. 847 of 2022
Dr. Dhananjaya Y. Chandrachud · Bela M. Trivedi

Background

During insolvency proceedings, a Single Judge of the Madras High Court issued a non-bailable warrant against the appellant, an advocate. When police tried to execute the warrant, the appellant along with about fifty other advocates surrounded ("gheraoed") the police and prevented them from doing so. The Madras High Court initiated contempt proceedings, and a Division Bench ultimately convicted the appellant, sentencing him to two weeks' simple imprisonment, a fine, and a one-year bar from practising in that High Court. He appealed to the Supreme Court, offering an apology.

Decision Breakdown

The Supreme Court found the appellant's conduct "thoroughly contemptuous," noting video evidence showed the appellant and fellow advocates obstructing police from executing a lawful court order, followed by baseless allegations against the judges hearing the matter, repeated adjournments, and a recusal application on improper grounds that was later withdrawn without re-filing. The Court held the appellant showed no genuine remorse and that his apology could not be accepted in these circumstances. It held the conviction and sentence were not disproportionate, and upheld the one-year debarment from practice, relying on its earlier ruling in R.K. Anand vs. Registrar, Delhi High Court. The appeal was dismissed.

Lesson Learnt

Obstructing the police from executing a lawful court order, especially by a lawyer who is officer of the court, invites strict contempt consequences; a late or tactical apology after prolonged obstructive conduct will not shield a contemnor from punishment, including suspension from practice.

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

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