SMITA AMBALAL PATEL Vs. ILA VIPIN PANDYA

JUDGEMENT

(1.) LONG long ago, on the eve of the war at Kurukshetra, Lord Krishna advised the educated leaders of society against doing anything which would incite persons from the lower echelons of Society into acts destructive of the orderly fabric of society. Said the Good Lord, "na Buddhibhedam Janayet Ajnaanam Karmasanginaam; Joshayet Sarva Karmani Vidwan Yuktah Samaacharan" ("do not confuse the ignorant lay persons (by tall talk); act rightly, so that the people following are enthused to act rightly" ). It is unfortunate that recognised leaders of society, recipients of international literary awards and erstwhile holders of High Constitutional offices, go around making speeches, in and out of season, which tend to give an impression to the lay in society that the judiciary is unworthy of the high pedestal in which it is placed and that the judges can be criticized in a manner that is far from being fair comment. We think that the appeal before us is the fallout of such misplaced zeal of the leaders of society, who ignore the sagacious caveat entered by the Bhagwadgita, "yadyadacharati Shreshthah Tattadevetaro Janah; Sa Yat Pramanam Kurute, Lokastadanuvartate". ("whatever the man at the top does, others follow; Whatever standards he lays down, others emulate. ).

(2.) THE appellant before us is a lady, appearing in person, who perhaps, on account of the oppressive manner in which the system works, and who, perhaps, being taken for a ride by someone, or, conceivably, even by lawyers engaged by her, behaved in Court in a manner ill-conducive of dignity, decorum and the orderly administration of justice.

(3.) THE contemner before us was issued a Show Cause Notice dated 4th September 2000. It was alleged against the contemner in the Show Cause Notice that, on 25th August 2000, when Testamentary Suit No. 17 of 1996 in Testamentary Petition No. 132 of 1996 along with Notice of Motion No. 643 of 1997 taken out therein was on board on that day for framing issues, and the Advocate for the plaintiff was trying to point out why the matter was on board, the contemner lost her temper for no reason and started making very serious accusations against the Advocates calling them Virappans (the reference being the sandal-smuggling brigand in the forests of Tamil Nadu and Karnataka who shot into prominence by abduction of a veteran film star from Karnataka), and accused them of kidnapping justice and dictating terms to the judges. The learned Single Judge repeatedly warned the contemner that making such reckless allegations would land her into trouble and that the Court could take serious action against her. Despite the cautions administered by the learned Single Judge, the contemner continued with her conduct and the tirade of unwarranted and baseless allegations. Despite the learned Single Judge trying to understand the contemner by giving a cool and patient hearing, she was found to be in the habit of losing her temper, losing the sense of propriety and not maintaining judicial decorum.