R.K. ANAND Vs. REGISTRAR, DELHI HIGH COURT

JUDGEMENT

(1.) In a proceeding initiated suo motu [registered as Writ Petition (Criminal) No.796 of 2007], the Delhi High Court found the contemnor guilty of suborning the court witness in a criminal trial in which he represented the accused as the senior advocate. The High Court, thus, held him guilty under clauses (ii) and (iii) of Section 2(c) of the Contempt of Courts Act, 1971 and in exercise of the power under Article 215 of the Constitution of India the High Court prohibited him, by way of punishment, from appearing in the Delhi High Court and the courts subordinate to it for a period of four months from the date of the judgment dated August 21, 2008 leaving him, however, free to carry on his other professional work e.g. consultations, advices, conferences, opinions etc. The High Court further held that the contemnor had forfeited his right to be designated as a senior advocate and recommended to the full court to divest him of the honour. In addition, the High Court also imposed on him a fine of Rs.2,000/-.

(2.) The contemnor brought the matter to this Court in appeal under Section 19(1) of the Contempt of Courts Act. This Court by judgment and order dated July 29, 2009 (R. K. Anand v. Registrar, Delhi High, 2009 8 SCC 106) affirmed the finding of the High Court as to the guilt of the contemnor. But so far as the punishment is concerned, this Court took the view that in the facts and circumstances of the case, the punishment given to the contemnor was wholly inadequate. In paragraphs 272 and 273 of the judgment, this Court held and observed as follows:-

(3.) Accordingly, this Court directed for issuing a notice of enhancement of punishment to him and directing him to file a show cause within eight weeks from the date of service of the notice.