The Supreme Court has ruled that no litigant or a lawyer has the right to intimidate the judge to get a favourable order and superior courts are duty bound to protect the judges of subordinate courts.
A vacation bench comprising Justices B S Chauhan and Swatanter Kumar yesterday dimissed the appeal of a lawyer from District Etawah of UP, Vishram Singh Raghuvanshi who misbehaved with the Additional Chief Judicial Magistrate on July 25, 1998 when it was brought to the notice of the court that somebody else had surrendered before the court impersonating as Ram Kishan, the real accused in a case before the court of ACJM Etawah.
When the court made inquiries, Raghuvanshi started abusing in filthy language and also went up to the dais of the judge.
The UP Bar council dismissed the complaint of ACJM for disciplinary action against Raghuvanshi.
Allahabad High Court, however, sentenced him three months simple imprisonment alongwith a fine of Rs 2,000 for the offence of the contempt of the court.
The apex court in its 20-page judgement ruled, 'The appellant instead of yielding to the court honestly and unconditionally, advanced a well guarded defence by referring to all the facts that led to the incident.
'Apology tendered by the appellant gives an impression that the same was in the alternative and not a complete surrender before the law.
'Such attitude has a direct impact on the court's independence, dignity and decorum. In order to protect the administration of public justice, we must take action as his conduct and utterances cannot be ignored or pardoned. The appellant had no business to overawe the court.
'The appellant has been of the view that the officer was a robot and has no heart at all, thus incapable of having the feeling of being hurt.
'The courts certainly cannot be intimidated to seek the favourable order. No litigant far less an advocate, has any right to take the law in his own hands. The contemner abused the judge in most filthy words unworthy of mouthing by an ordinary person.
