Section 2 - Contempt of Courts Act
Contempt of Courts Act, 1971 Section 2
Advocate - Derogatory remarks
Contempt of Courts Act, 1971: Sections 2(c)(i), 12 and 19 -- Disparaging and derogatory remarks -- Utterance of -- By practising Advocate against a Judge -- Had the effect of scandalising the Court and impairing confidence of public in Court -- Hence guilty of contempt Apology-Tendering of -- Not to serve as mere defence against rigours of law -- Should reflect remorse and contrition of contemner -- Tendering 'unqualified apology' in case Court finds him guilty -- Not sincere-Contemner addicted to use of contemptous language against Judges and tendering apology -- Apology used merely a device to escape -- Not to be accepted -- Use of contempt jurisdiction against erring members of legal profession -- Courts are slow in the hope that Bar Councils will take care to maintain ethical norms -- Decline in ethical values in the profession- Arrest of -- Timely action by Bar Councils -- Need for.
1991 SCeJ 002 M.B. Sanghi, Advocate v. High Court Of Punjab And Haryana AIR 1991 SC 1834 (1991)3 SCC 600
CJM, Assault case
Chief Judicial Magistrate, Nadiad, Gujarat -- Assaulted, arrested on flimsy grounds, handcuffed, tied with rope, photographs taken and published by Police Officers -- Held constituted clear case of criminal contempt -- Contemnors-punishment -- Quantum of punishment determined according to degree and extent of part played by each contemnor -- Guidelines laid down by Supreme Court in case of arrest and detention of a Judicial Officer -- To be followed by State Governments as well as High Courts -- Judicial Officer not to visit Police Station—Except in connection with official and judicial duties and with prior intimation to District and Sessions Judge.
1991 SCeJ 003 Delhi Judicial Service v. State Of Gujarat 1991 AIR 2176, 1991 SCR (3) 936