Gujarat High Court
Suo Motu vs Mukesh C on 9 October, 2013
Bench: Jayant Patel, Z.K.Saiyed
SUO MOTU....Applicant(s)V/SMUKESH C KAMDAR....Respondent(s) R/CR.MA/5412/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR DIRECTION) NO. 5412 of 2013 ================================================================ SUO MOTU....Applicant(s) Versus MUKESH C KAMDAR....Respondent(s) ================================================================ Appearance: SUO MOTU for the Applicant(s) No. 1 MR ANSHIN H DESAI, ADVOCATE for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE JAYANT PATEL and HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 09/10/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE JAYANT PATEL) The present proceedings came to be initiated on account of the report received by this Court from the learned Principal Judge of the Family Court dated 9.7.2012, wherein there was reference to the misbehaviour and using unparliamentary language towards the Presiding Officer of the Court and the learned Principal Judge had found that such conduct on the part of the respondent results into scandalizing or lowering down the dignity and authority of the Presiding Judge of the Court.
In view of the said report, the matter was taken up in suo motu proceedings and this Court had issued the process. Thereafter, the matter was heard and on 29.8.2013, this Court had passed the following order:-
The respondent is present. Mr.Desai, learned counsel appearing for him tenders the affidavit-in-reply tendering unconditional apology.
Considering the facts and circumstances, it appears to us that the present proceedings are initiated on the basis of the report received from the Principal Judge, Family Court. Therefore, if the respondent is genuinely offering his apology, he should first tender unconditional apology before the judicial officer before whom the alleged incident has happened.
Mr.Desai, learned counsel for the respondent states that some time may be granted and he will tender unconditional apology before the very officer.
S.O. to 05.09.2013.
Thereafter, the matter was once again considered and on 6.9.2013, the following order was passed:-
1.
This Court, on 29.08.2013, had passed the following order-
The respondent is present. Mr.Desai, learned counsel appearing for him tenders the affidavit in reply tendering unconditional apology.
Considering the facts and circumstances, it appears to us that the present proceedings are initiated on the basis of the report received from the Principal Judge, Family Court. Therefore, if the respondent is genuinely offering his apology, he should first tender unconditional apology before the judicial officer before whom the alleged incident has happened.
Mr.Desai, learned counsel for the respondent states that some time may be granted and he will tender unconditional apology before the very officer.
S.O. to 05.09.2013.
2. Today, Mr.Desai, learned counsel appearing for the opponent has tendered the affidavit of the alleged contemnor stating that the unconditional apology was tendered before the Hon ble Principal Judge, Family Court, on 31.08.2013.
3. A copy of the unconditional apology tendered to the Hon ble Principal Judge, Family Court, is annexed with the said affidavit.
4. Mr.Desai, learned counsel appearing for the opponent stated before the Court that the aforesaid unconditional apology is tendered to the Court but the Hon ble Judge has expressed the feeling that in absence of any report called for from the High Court, it would not be possible for him to forward his comments.
5. Considering the facts and circumstances, the office shall forward the copy of the affidavit with the annexures filed by the opponent today and the learned Judge of the Family Court is requested to forward his comment on the aspect as to whether the unconditional apology tendered by the opponent is acceptable to him or not. The aforesaid process may be completed within two weeks. S.O. to 24.09.2013.
6. Mr.Desai states that the opponent shall remain present on the next date.
Since the report was not received from the learned Judge, before whom the apology was tendered by the respondent on 24.9.2013, this Court had passed the following order:-
It is not clear as to whether report/comments as per the earlier order dated 06.09.2013 of the learned Judge of the Family Court is received or not. Hence, office to call for the report/comments as per the order dated 06.09.2013 so as to reach on or before 08.10.2013. S. O. to 09.10.2013.
Today it appears that the report of the learned Principal Judge of the Family Court has been received and he has stated as under:-
...
Mr.Mukesh Chimanlal Kamdar, Advocate, has submitted his affidavit on 18.09.2013 before the undersigned tendering unconditional apology.
He has assured with folded hand that there will be no any mistake in future. So, he may be pardoned.
Together with the said report, copy of the affidavit is attached and as per the said affidavit, addressed to the learned Principal Judge of the Family Court, it has been stated as under:-
Your Honour may kindly accept my unconditional apology, I state & submit that now and in future there will be no further grievance in any manner & I hold Your Honour in highest esteem & if any mistake has happened on my part, Your Honour may kindly pardon the said mistake.
It is further stated as under:
...
I pray before Your Honour that in view of the fact that I have short experience at the bar & that I am pleading unconditional apology & I hope & pray that Your Honour will pardon me & accept my unconditional apology.
As per the report of the learned Principal Judge, Family Court, the respondent may be pardoned.
In the affidavit filed before this Court dated 29.8.2013 at paragraph 5, it has been stated, the relevant of which is as under:-
5. ... I state and submit that I may be wrong as far as this issue is concerned, but I never wanted to represent so as to disrespect the circular of this Hon ble Court and I state before the Hon ble Court that I will always maintain the dignity and respect of the Hon ble Court.
It is also stated at paragraph 7, the relevant of which is as under:-
7. ...
I pray before this Hon ble Court that on my statement that none of such events will occur in future the present notice issued by the Hon ble Court may kindly be withdrawn in the interest of justice. I humbly pray that my unconditional apology may kindly be accepted.
In our view, it is hardly required to reiterate that any advocate practicing before any Court should and must maintain the dignity and authority of the Court and any attempt on the part of any advocate to disrespect or to lower down the authority of the Court either by conduct or by behaviour cannot be tolerated, nor can be leniently viewed. However, as the disrespect for the so-called misbehaviour was stated to be before the learned Principal Judge of the Family Court, in order to see that his respect and authority is accepted and restored by the respondent himself, who is also a Member of the Bar Council, we had found it proper to direct the respondent to tender the apology before the learned Judge, who had found, prima facie, that there was disrespect and the behaviour was resulting into lowering the authority of the Court. The respondent, as per the observations made by this Court on the earlier occasion, had tendered the apology and as recorded earlier, the learned Principal Judge of the Family Court has observed that the respondent may be pardoned. We find that when the Presiding Officer of the Court himself has recommended for pardoning the respondent, we may consider the said aspect, so as to accept the apology of the respondent.
But we do find that in order to see that such incidents are not repeated in future, the respondent should pay an amount of Rs.10,000/- with the Gujarat State Legal Services Authority. In our view, such imposition of cost or the direction for payment of the amount would work as an exemplary in nature, if not the punishment imposed upon the respondent.
Hence, the unconditional apology of the respondent, on account of the acceptance of the apology and the recommendation for pardon made by the learned Principal Judge of the Family Court, is accepted, but on condition that the respondent deposits/pays the amount of Rs.10,000/- as cost for the State, but to be utilized for poor litigants by Gujarat State Legal Services Authority within a period of two weeks from today.
After the amount is deposited, respondent shall produce the receipt with the office of this Court in the present proceedings and upon production of such receipt, condition shall stand complied with. If there is any failure on the part of the respondent, office shall submit report to consider the matter on judicial side further.
The present proceedings are disposed of accordingly.
(JAYANT PATEL, J.) (Z.K.SAIYED, J.) vinod Page 8 of 8