IN RE: JASVIR SINGH PAWAR, ADVOCATE Vs. STATE

JUDGEMENT

(1.) PRESENT contempt proceeding has its genesis in the Reference made to this Court by Smt. Manjulata Consolidation officer, Sadar Kairana Muzaffarnagar for initiation of proceeding under Section of the contempt of Court Act, 1971 punishable under Section of the Act. Upon receipt of reference, it would appear, the matter was processed by the office and initially the matter was referred to Administrative Judge Muzaffarnagar who opined that contempt proceedings be instituted in the matter vide comments of Administrative Judge, Muzaffarnagar dated 12.9.2005 which are excerpted below.

(2.) THE matter thereafter went ahead to the end of Hon. Chief Justice who appended his approval vide order dated 15.9.2005 and thereafter, the matter came to be referred to on judicial side and the same was admitted by the Division Bench and notice was issued vide order dated 26.9.2005 of the Court. The charge was framed and served to the contemnor on 16.2.2006.

(3.) SRI Satish Trivedi, appearing for the contemnor did not argue on merits of the case and instead, invoked the compassion of the Court for accepting the unqualified apology which the contemnor has already tendered and discharging the contemnor. He prayed for lenient view stating that the contemnor was fairly senior having already put in 20 years of practice attended with further submission that at no point of time, his conduct had departed from the path of rectitude and sobriety or of a conduct expected of a lawyer of this stature. To prop up his submission invoking compassion, the learned Counsel submitted that the contemnor cannot be said to be addicted to using contemptuous language and making scurrilous attacks as it is his first aberration and therefore, he should be purged and should be given a chance to expiate his aberrant behaviour.