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(f) Based on the letter of the District & Sessions Judge as well as letter of the Judicial Magistrate, Faridabad, the High Court took the matter by suo motu and initiated contempt proceedings against the contemnors under Section 2(c) of the Act relating to the incident which took place on 11.09.1999 in the Court of Shri Rakesh Singh, Civil Judge, Faridabad for taking appropriate action.

3) Before the High Court, the respective contemnors/advocates filed affidavits highlighting the circumstances under which the unfortunate incident occurred and by filing separate affidavits they tendered unconditional apology and also regretted for the same. On direction by the High Court, all of them appeared before the Magistrate concerned and expressed their regret and also tendered  unconditional apology. The Division Bench, taking note of seriousness of the issue and finding that the reference made by the Magistrate is based upon correct facts and overall conduct of the contemnors found all of them guilty of criminal contempt within the meaning of Section 2(c) of the Act and imposed simple imprisonment of six months/three months with a fine of Rs.1,000-2,000/- each. As stated earlier, challenging the said conviction and sentence, the above appeals have been filed.

4) Heard Mr. Ram Jethmalani and Mr. V. Giri, learned senior counsel for the appellants and Mr. S. Chandra Shekhar, learned counsel for the respondent.

Submission of Mr. Ram Jethmalani

5) At the outset, Mr. Ram Jethmalani, learned senior counsel for the appellants submitted that in view of the fact that the appellants herein, after realizing their mistake immediately, offered unconditional apology by filing affidavits before the High Court and also appeared before the Magistrate before whom the unfortunate incident had occurred, tendered apology and regret for their action, prayed for leniency and  setting aside the order of the High Court sentencing the contemnors to jail. He also submitted that inasmuch as the alleged incident had occurred in September, 1999, considering the passage of time and by realizing the mistake tendered unconditional apology before the High Court as well as before the concerned Magistrate, their sentence of imprisonment may be set aside. He further submitted that all the appellants/contemnors prepared to file fresh affidavits conveying their unconditional apology and regret for the incident and also assured that they would not indulge in such activities in future.

23) In the case of L.D. Jaikwal v. State of Uttar Pradesh, (1984) 3 SCC 405, it was held by this Court that acceptance of an apology from a contemnor should only be a matter of exception and not that of a rule and expressed its opinion as under:

"6. We do not think that merely because the appellant has tendered his apology we should set aside the sentence and allow him to go unpunished. Otherwise, all that a person wanting to intimidate a Judge by making the grossest imputations against him to do, is to go ahead and scandalize him, and later on tender a formal empty apology which costs him practically nothing. If such an apology were to be accepted, as a rule, and not as an exception, we would in fact be virtually issuing a 'licence' to scandalize courts and commit contempt of court with impunity. It will be rather  difficult to persuade members of the Bar, who care for their self-respect, to join the judiciary if they are expected to pay such a price for it. And no sitting Judge will feel free to decide any matter as per the of his conscience on account of the fear of being scandalized and prosecuted by an advocate who does not mind making reckless allegations if the Judge goes against his wishes. If this situation were to be countenanced, advocates who can cow down the Judges, and make them fall in line with their wishes, by threats of character assassination and persecution, will be preferred by the litigants to the advocates who are mindful of professional ethics and believe in maintaining the decorum of courts.

Verified at New Delhi on this 28th Day of April, 2011.

Sd/-

Deponent"

Similar affidavits have been filed by other appellants reiterating what they had stated before the High Court and the Magistrate concerned tendering unconditional apology for the incident which took place in the Court at Faridabad. They also assured this Court that they would maintain good behaviour in future. Though sub-Section 1 of Section 12 of the Act enables the court to award simple imprisonment for a term which may extend to six months, proviso empowers the court that accused may be discharged or punishment awarded may be remitted on apology being made to the satisfaction of the court. In fact, Explanation to this Section makes it clear that an apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.