Press conference and public statements Paras 7, 32 Conduct of addressing press conference and making allegations against a sitting Judge in relation to pending proceedings: amounts to public dissemination of scandalous material, is inconsistent with discipline expected of advocate, capable of influencing perception of judicial fairness. (Para 32) Carrying judicial controversy to public domain in sensational manner is prima facie unbecoming of a legal professional. (Para 32)

advocatemmmohan

(A) Contempt of Court – Criminal contempt – Scandalising the Court – Allegations against sitting Judge

Paras 10, 28, 29, 30, 33, 34

• Statements made in a press conference alleging bias and seeking recusal of a sitting Judge have the tendency to scandalise the Court, lower its authority and interfere with judicial proceedings. (Para 10)
• Unfounded or intemperate allegations impugning integrity, motives or impartiality of a Judge undermine public confidence in judiciary. (Para 28)
• Distinction must be maintained between:
  • Challenge to judicial order, and
  • Personal attack on Judge’s integrity. (Para 29)
• Allegations attributing motives without demonstrable basis, particularly against a sitting Judge, transgress permissible limits of criticism. (Paras 30, 33)
• Such imputations, if unchecked, have inherent tendency to erode public confidence and undermine judicial independence. (Para 34)

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(B) Contempt jurisdiction – Scope – Press conference and public statements

Paras 7, 32

• Conduct of addressing press conference and making allegations against a sitting Judge in relation to pending proceedings:
  • amounts to public dissemination of scandalous material,
  • is inconsistent with discipline expected of advocate,
  • capable of influencing perception of judicial fairness. (Para 32)
• Carrying judicial controversy to public domain in sensational manner is prima facie unbecoming of a legal professional. (Para 32)

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(C) Advocate – Professional responsibility – Duty to Court

Paras 31, 32

• Advocate, as officer of Court, bears:
  • heightened obligation of restraint, sobriety and ethical conduct,
  • duty to uphold dignity of judiciary. (Para 31)
• Grievances against judicial orders must be pursued through:
  • legal remedies,
  • not through public commentary or media. (Para 32)

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(D) Contempt proceedings – Impleadment – Informant not necessary party

Para 13

• A person who merely furnishes information to the Chief Justice:
  • is not a complainant,
  • cannot be treated as necessary or proper party in contempt proceedings.

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(E) Suo motu contempt – Additional cognizance

Paras 13, 14

• Court can take additional cognizance of contempt:
  • based on scandalous averments made in pleadings filed before it.
• Registry can be directed to register separate criminal contempt proceedings for fresh acts of contempt. (Para 13)

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(F) Judicial independence – Public confidence – Constitutional principle

Paras 26, 27, 34

• Judicial independence is foundational to constitutional scheme. (Para 26)
• Judiciary derives strength from:
  • public confidence and trust,
  • not coercive power. (Para 26)
• Erosion of credibility of judiciary is greatest threat to independence of judiciary. (Para 27)

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(G) Interference by Supreme Court – Stage of proceedings

Paras 35, 36, 37

• At interlocutory stage of contempt proceedings:
  • Supreme Court will not ordinarily interfere.
• Issues raised should be:
  • examined by High Court on merits and in accordance with law. (Para 35)
• Observations of Supreme Court:
  • are prima facie,
  • shall not influence High Court adjudication. (Para 37)

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FINAL DISPOSITION

Paras 35–38

• Appeals dismissed.
• No interference with High Court orders.
• High Court directed to proceed expeditiously.