in ,

‘Thoughtfulness and sensitivity is required from the bar members when the judge is a woman’ :MP HC observes in a contemptuous case

hc
Share
  •  
  • 1
  •  
  •  
  •  
  •  
    1
    Share

In a matter pertaining to contemptuous conduct of a counsel before the Trial Court presided over by a lady judge, the Madhya Pradesh High Court recently observed that even more thoughtfulness and sensitivity is required from the bar members when the judge is a woman. Reference under Section 15(2) of The Contempt of Courts Act, 1971 received by this Court being sent by Judicial Magistrate First Class.

Court said that “it is expected from the Bar members that they will appreciate the multitasking performed by a lady judge while taking care of her home, family as well as work front.”

The High court Division Bench at Gwalior comprising Justices Sheel Nagu and Anand Pathak was hearing a criminal contempt petition against one advocate, who during a case before the Judicial Magistrate First Class, Datia made a threatening remark towards the presiding judge.  

The contemnor, Advocate Pankaj Mishra had remarked,

“मुझे  पंकज मिश्रा कहते हैं, मेरा नाम नोट कर लीजिये | भविष्य में आपके लिए परेशानी हो जाएगी, आप ऐसी नौकरी नहीं कर पायेंगी |”

(Note my name, it is Pankaj Mishra. In the future, you will have problems and you will not be able to continue working your job)


Thereafter, the trial court found this conduct of the advocate contemptuous and made a reference before the High Court under Section 15(2) of The Contempt of Courts Act, 1971.

Bar and Bench share common platform for the cause of justice. All other professions are guided by the spirit of Service and Integrity but this profession beside this spirit, also Primes Compassion, Mercy and above all Empathy. Therefore, this profession (Bar and Bench) like medical profession has

distinction to heal and role of both the professions is not confined to Serve only, like other professions but their role go This is a case where contempt proceedings are to be seen from the vantage point of Bar and Bench relationship. Before delving upon the said issue it is apposite to look into the Raison d^etre” of their mutual existence. In one word, it is “Justice”.

Just to elaborate the concept, we have to start with quote of French Writer Vauvenargues, when he says:- “Emotions have taught mankind to Reason

Here in adjudicatory context, “Emotions” is replaceable with the word “Sensitivity” and therefore, members of the Bar and Bench have to inculcate sensitivity to the cause of justice. Bottom line of this Cause of Justice can be summarized by saying that every “F I L E” with same alphabets, contains a “L I F E”.

Purpose of explanation is to bring home the Cause of Justice as supreme virtue in whole adjudicatory process because as referred above through Emotions (or Sensitivity) one can reach to Law, Legality and Interpretations. In other words, most pious manifestation of Law, Intellect and Interpretation is Justice becuase Justice in all its forms is the End for which all other methods are Means only.

Upon hearing the matter, emphasizing upon the nobility of the profession (Bar and Bench), the high court, however, disposed of the contempt petition with certain directions while advising the respondent for course correction.

Granting relief, Court noted that the contemnor had expressed an unconditional apology and his counsel had not tried to defend his behaviour in any manner, they only sought grant to his apology with the undertaking that he shall never repeat the misdemeanor in any Court of law as he learnt the lesson hard way and would mend his ways.

Accordingly, court directed the contemnor advocate to not indulge in any contemptuous act in future and plant 20 saplings either in the District Court campus or any suitable place earmarked by the District Administration for plantation and disposed of the matter.

Importantly, while disposing of the case, the court made several significant remarks relating to the relationship between Bar and Bench.

Stating that this is a case where contempt proceedings are to be seen from the vantage point of Bar and Bench relationship, Court observed,

Bar and Bench share common platform for the cause of justice. All other professions are guided by the spirit of Service and Integrity but this profession beside this spirit, also Primes Compassion, Mercy and above all Empathy. Therefore, this profession (Bar and Bench) like medical profession has distinction to heal.”

Here in adjudicatory context, “Emotions” is replaceable with the word “Sensitivity” and therefore, members of the Bar and Bench have to inculcate sensitivity to the cause of justice. Bottom line of this Cause of Justice can be summarized by saying that every “F I L E” with same alphabets, contains a “L I F E”. It is often said, Law is a Noble Profession and Bar and Bench are two wheels of the chariot of justice. In fact Bar is the genus from which species of Judges, Advocates, Senior Advocates and other Constitutional Legal Functionaries like Attorney General, Advocate General etc. evolve.

Therefore, Bar and Bench share common platform for the cause of justice. All other professions are guided by the spirit of Service and Integrity but this profession beside this spirit, also primes Compassion, Mercy and above all Empathy. Therefore, this profession (Bar and Bench) like medical profession has distinction to heal and role of both the professions is not confined to Serve only, like other professions but their role go much beyond. Therefore, Legal and Medical Professionals are Healers of Society. Therefore, presence of emotions (sensitivity for the cause) guides the professionals to interpret the Law.

Court added that Bar is the genus from which species of Judges, Advocates, Senior Advocates and other Constitutional Legal Functionaries like Attorney General, Advocate General etc. evolve.

Addressing the Legal and Medical professionals as Healers of Society, the court held that therefore, presence of emotions (sensitivity for the cause) guides the professionals to interpret the Law.

Calling the Bar and Bench two wheels of the chariot of justice, court said that unless both the wheels do not move in tandem then casualty is Justice and nothing else.

Further stating that Magisterial Courts are the foundation on which whole edifice of Indian Judicial Architecture stands, Court, however, stated that it is also true that sometimes, some Magistrates react sharply and sometimes friction appears between the Bench and the Bar.

Court said, “Therefore, it is the duty of the senior members of the Bar and/or Bar Association of that District to guide the members of the Bar about the nobility attached to the profession.

On the other hand, court also expected Principal District and Sessions Judge and Senior Judges to guide young judges about nuances and dignity of profession.

Concluding its observations upon the issue, Court also said that State Judicial Academy is also required to hold such sessions/discussions, if possible, for such eventualities and for dispute resolution between the Bar and Bench so that dispute resolution between litigants can be achieved for which Courts are established.

Also Read  Only a landless person under Adhiniyam, 1984 is entitled to the leasehold right in urban areas: MP HC directed the petitioner to approach competent authority