BAR ASSOCIATION DHARMAPURI Vs. P SHANMUGAM ADVOCATE DHARMAPURI

JUDGEMENT

(1.) THE above Contempt Application has been filed by the Bar Association, Dharmapuri, through its President, to initiate contempt proceedings against the respondent and to punish him. THE petition was filed on 22-7-1994. THE affidavit filed in support of the above Contempt Application was filed by one K. Appunu Gounder, President of the Dharmapuri Bar Association (who also deposed as P.W. 1). According to the petitioner, the occurrence took place on 1-7-1994 and that the Venue was the District Munsif Court Hall at Dharmapuri. THE complaint against the respondent is in regard to his unruly and un-courteous behaviour towards the Presiding Officer Mr. B. Ramalingam, who was examined as R.W. 2 on the side of the respondent. According to the petitioner, the respondent created a scene in Public Court, intercepted the Court proceedings by his unruly behaviour and shouted and waved his hands preventing the Presiding Officer from discharging his judicial function.

(2.) THE short facts are, the District Munsif (R.W. 2) was conducting the judicial proceedings on 1-7-1994. After the commencement of the judicial proceedings, an Execution Petition filed by the respondent was called. In the Execution Petition, the respondent was represented by one Mr. M. Govindarajan, Advocate. One Mr. Sudha Mohan, Advocate (P.W. 2) made a representation on behalf of Mr. M. Govindarajan and prayed for time for filing counted After hearing the representation, the District Munsif adjourned the Execution Petition to 11-8-1994 for filing counter. Since the matter was adjourned ( sic (") urgent), the respondent requested the Court to post the Execution Petition earlier than the date fixed by the Court by giving only a short date. Though the District Munsif explained the various administrative reasons, on the insistence of the respondent, the hearing date was advanced from 11-8-1994 to 1-8-1994. In spite of the fact that the hearing date was advanced, the respondent kept on shouting and waved his hands at the District Munsif. His voice was so loud that all the persons who were present in the Court were shocked and dumbfounded. THE respondent continued to behave in an unruly manner. THE Presiding Officer requested the respondent to show some authority to the effect that the ex parte order can be passed without giving opportunity to the respondent immediately after taking notice. In spite of the dignified request of the Court, the respondent started to behave authoritatively. He openly declared that he need not produce any authority to ABC persons like the Presiding Officer thereby meaning that the Presiding Officer is nobody before him. THE deliberate continuance of the insult and unruly behaviour of the respondent shocked not only the advocates who were present in Court but also the staff and the general public. By the said behaviour, the respondent not only brought down the dignity, decorum, reputation and prestige of the Court but also indulged in insulting the Court. THE members of the Bar Association who were present at the time tried to prevent the respondent from continuing his on-slaught and indecent behaviour.

(3.) IT is the case of the petitioner that the behaviour and conduct of the respondent has not only brought insult to the Court but also to the litigant public, Court staff and the advocates who were present. Since the scene which was witnessed was unbearable, the senior members of the Bar, who could not persuade the respondents to behave properly and keep up the decorum of the Court, requested the Presiding Officer to leave the Court Hall. The respondent started gesticulating and challenging the Court violently. He started saying that he is powerful and nobody can do anything against him. The unpleasant atmosphere was avoided in view of the retiring of the Presiding Officer to his Chambers on the request of the members of the Bar.