STATE OF SIKKIM Vs. TASHI GYALTSEN

JUDGEMENT

(1.) Notice was issued to the contemnor, Shri Tashi Gyaltsen, by this Court on its own motion for having made the following statement in Civil Misc. Application No. 254/2000 in RFA No. 35 of 2000 as General Attorney of the applicant, Chogyal Miwang Wangchuck Namgyal :

(2.) Judicial process must run its even course in the interest of the administration of justice which is the foundation of civilized society. Litigants as also the counsel must pay deferential respect to the Court and scrupulously observe the decorum of the courtroom. The Supreme Court in Ramon Services Pvt. Ltd. v. Subhash Kapoor (2001) 1 SCC 118 : (AIR 2001 SC 207), extracted the following from Warvelle's Legal Ethics, at p. 182 in paragraph 28 :

(3.) In the result, we hold that the aforesaid extract tends to scandalize and lower the authority of the Court and also to obstruct the administration of justice and amounts to criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971 and sentence the contemnor Shri Tashi Gyaltsen to simple imprisonment for seven days. However, we suspend the sentence awarded to him for three years subject to his furnishing an undertaking within ten days, on affidavit, that he will not indulge in similar act or any other act amounting to contempt, civil or criminal, within that period, failing which he shall be arrested to serve out the sentence awarded to him. In case he furnishes the undertaking and commits breach thereof within the aforesaid period, he shall be taken into custody to serve out the sentence awarded to him apart from any other action for which he may be liable. In case he does not commit any breach of the undertaking within the period of three years, the sentence awarded to him shall stand remitted. Order accordingly.