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Rajiv Dawar v. High Court of Delhi

Criminal Appeal · 2017 INSC 672Decided 26 Jul 2017
Criminal Appeal No. 51 of 2007
Justice Kurian Joseph · Justice R. Banumathi

Background

An advocate, Rajiv Dawar, was convicted for contempt of court and sentenced to a fine and a two-month suspension from legal practice, based on a complaint by a client (himself an accused in an NDPS Act case) who alleged the advocate had charged an exorbitant fee of about Rs. 7.05 lakh, provided no real assistance, and then withdrawn from the case, and who sought a refund of Rs. 6 lakh. The advocate denied wrongdoing, maintaining the fee was legitimately charged for professional services rendered. Separately, the Bar Council of Delhi had examined the same complaint and found no professional misconduct, but did direct a partial refund of Rs. 4 lakh for the deficiency caused by withdrawing from the case, which the advocate complied with.

Decision Breakdown

The Supreme Court held that the advocate's contempt conviction rested solely on the complainant's unilateral version of events, and that he had never been given a real opportunity, either before the Additional Sessions Judge or in the High Court contempt proceedings, to cross-examine the complainant or otherwise test the allegations, apart from filing an affidavit. Since contempt proceedings require giving the person accused a genuine opportunity to establish innocence, and since the Bar Council's own disciplinary inquiry had already absolved him of misconduct while he had complied with the refund direction, the Court found no basis to sustain the conviction. It therefore set aside the conviction and sentence and allowed the appeal.

Lesson Learnt

A contempt conviction cannot stand on the complainant's word alone: due process requires giving the person accused of contempt a genuine chance to rebut the allegations, including cross-examination where relevant, before any punishment is imposed.

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

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