Punjab-Haryana High Court
Court On Its Own Motion vs N.K. Banka, Advocte, Punjab & Haryana ... on 2 December, 2014
Author: S.S. Saron
Bench: S.S. Saron
Cr.O.C.P. No.28 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Cr.O.C.P. No.28 of 2014
Date of Decision:02.12.2014
Court on its own motion ......Appellant
Versus
N. K. Banka, Advocate, Punjab and Haryana
High Court, Chandigarh .....Respondent
CORAM: HON'BLE MR. JUSTICE S.S. SARON
HON'BLE MR. JUSTICE GURMIT RAM
***
Present:Mr.Harbhagwan Singh, Senior Advocate with
Mr. Sumit Ahuja, Advocate, with
Mr. N. K. Banka, Advocate (Contemner).
***
S.S. Saron, J.
One Devinder Kaur was convicted by the learned Additional Sessions Judge, Kapurthala for committing the offence punishable under Section 306 Indian Penal Code. She was sentenced to undergo rigorous imprisonment for a period of three years and six months; besides, pay a fine of Rs.20,000/- and in default thereof to undergo imprisonment for a period of two months. Aggrieved against the same, Devinder Kaur through her counsel Mr. N. K. Banka, Advocate, now contemner, filed an appeal in this Court along with an application seeking suspension of her sentence of imprisonment.
The appeal and application seeking suspension of sentence of imprisonment came up for hearing on 18.11.2014 AMIT KAUNDAL 2014.12.11 16:29 I attest to the accuracy and authenticity of this document chandigarh Cr.O.C.P. No.28 of 2014 -2- before a learned Single Judge of this Court. The appeal was admitted. However, no ground for suspension of sentence of imprisonment was held to be made out at that stage. Accordingly, the application seeking suspension of sentence of imprisonment was dismissed.
At this stage, the contemner is stated to have acted in an improper manner. The learned Judge of this Court after dismissing the application seeking suspension of sentence of imprisonment of the appellant in the said appeal observed that the moment the order was passed, the counsel for the appellant Mr. N. K. Banka, the contemner, arrogantly remarked that the Court had not allowed the relief and as such the case may be transferred to some other Bench. It was observed that he scornfully gesticulated in a contemptuous manner and uttered 'ridiculous'. The tone, tenor and conduct of the counsel was observed to be overawing and contemptuous. Accordingly, the matter was ordered to be placed before the Hon'ble the Acting Chief Justice for initiating contempt proceedings.
Notice of motion of the contempt petition was issued. Today when the case was taken up, learned Senior Counsel has appeared with the contemner-Mr. N. K. Banka, Advocate. It is submitted by them at the outset that there was in fact no intention on the part of the contemner to undermine the dignity or authority of the Court. The incident had happened at the heat of moment and with no malice towards the Court. It is AMIT KAUNDAL 2014.12.11 16:29 I attest to the accuracy and authenticity of this document chandigarh Cr.O.C.P. No.28 of 2014 -3- submitted that the contemner expresses his utmost and deep regrets for the incident and feels sorry for the same.
According to the learned Senior counsel, the contemner is a young advocate and he felt that the case was very good and keeping in view the sentence of three years and six months that had been imposed on the appellant in the appeal, he felt that it was liable to be suspended. This misconceived notion on his part, it is submitted, was never with the intent to confront the Court or as an affront to it. It is also submitted that at times such incidents do happen but it can never be the intention of any advocate to undermine the dignity or authority of the Court much less commit its contempt. It is also submitted that the young advocate has been suffering from ailment of his kidney.
We have given our thoughtful consideration to the matter. The act of the contemner in the manner that he acted may be somewhat imprudent. However, he has at the outset shown grace in expressing his regrets and feeling sorry for the incident. The relationship between the bar and the Bench is of utmost importance for the smooth functioning of the administration of justice and for maintaining the high profession of advocates.
In D.P.Chadha v. Triyugi Narain Mishra, (2001) 2 SCC 221, it was held that a lawyer discharging his professional assignment has a duty to his client, a duty to his opponent, a duty to the Court, a duty to the society at large and a duty to AMIT KAUNDAL 2014.12.11 16:29 I attest to the accuracy and authenticity of this document chandigarh Cr.O.C.P. No.28 of 2014 -4- himself. It needs a high degree of probity and poise to strike a balance and arrive at the place of righteous stand, more-so, when there are conflicting claims. The following observations in the said case are apposite:-
"It has been a saying as old as the profession itself that the court and counsel are two wheels of the chariot of justice. In the adversarial system, it will be more appropriate to say that while the Judge holds the reigns, the two opponent counsel are the wheels of the chariot. While the direction of the movement is controlled by the Judge holding the reigns, the movement itself is facilitated by the wheels without which the chariot of justice may not move and may even collapse. Mutual confidence in the discharge of duties and cordial relations between Bench and Bar smoothen the movement of the chariot. As responsible officers of the court, as they are called -- and rightly, the counsel have an overall obligation of assisting the courts in a just and proper manner in the just and proper administration of justice. Zeal and enthusiasm are the traits of success in profession but overzealousness and misguided enthusiasm have no place in the personality of a AMIT KAUNDAL 2014.12.11 16:29 I attest to the accuracy and authenticity of this document chandigarh Cr.O.C.P. No.28 of 2014 -5- professional.
An advocate while discharging duty to his client, has a right to do everything fearlessly and boldly that would advance the cause of his client. After all he has been engaged by his client to secure justice for him. A counsel need not make a concession merely because it would please the Judge. Yet a counsel, in his zeal to earn success for a client, need not step over the well-defined limits or propriety, repute and justness. Independence and fearlessness are not licences of liberty to do anything in the court and to earn success to a client whatever be the cost and whatever be the sacrifice of professional norms."
In T.C. Mathai v. District and Sessions Judge, Thiruvanthapuram, AIR 1999 SC 1385 it was held that efficacious discharge of judicial process very often depends upon the valuable services rendered by the legal profession. In P.J. Ratnam v. D. Kanikaram and Others, AIR 1964 SC 244 it was held that an advocate owes his duty to the Court apart from duties to his clients. In fact an advocate enjoy the special status in a society and has an obligation and duty to ensure smooth functioning of the Court as held in Harish Uppal v. Union of India (2003) 2 SCC 45 and UP Sales Tax Service Association v. AMIT KAUNDAL 2014.12.11 16:29 I attest to the accuracy and authenticity of this document chandigarh Cr.O.C.P. No.28 of 2014 -6- Taxation Bar Association, AIR 1996 SC 98. Therefore, an advocate evidently enjoys a special status in the society and his duty to the Court is onerous, which he is expected to perform diligently and with a cool mind by putting forth his persuasive argument rather than acting in an impulsive manner in case the Court is disagree with him. The contemner having realised his folly and expressing regrets, it would be just and expedient to put a quietus to the matter.
In view of the above, it would be just and expedient to drop the matter.
Accordingly, the contempt proceedings are dropped and the rule is discharged.
(S. S. Saron)
Judge
02.12.2014 (Gurmit Ram)
A.Kaundal Judge
Note: Whether to be referred to the Reporter : Yes/No
AMIT KAUNDAL
2014.12.11 16:29
I attest to the accuracy and
authenticity of this document
chandigarh