MOTU CONTEMPT PETITION (CRL.) NO. 1 OF 2019 IN RE: MR. MATHEWS NEDUMPARA versus .

MOTU CONTEMPT PETITION (CRL.) NO. 1 OF 2019 IN RE: MR. MATHEWS NEDUMPARA versus .

Given Shri Nedumpara's undertaking not to browbeat Judges in future and his tender of apology, the Court sentenced him to three months imprisonment, suspended subject to his continued good behaviour, and barred him from practicing before the Supreme Court for one year. Complaints made against the Bench after the contempt conviction were considered prima facie acts of contempt and notices were issued to the complainants.

Parties
Contemnor/advocate: Mr. Mathews Nedumpara; Advocate for Contemnor: Shri Subhash Jha; Noticee (alleged Contemnor): Shri Vijay Kurle; Noticee (alleged Contemnor): Shri Rashid Khan Pathan; Noticee (alleged Contemnor): Shri Nilesh Ojha
Jurisdiction
India
Judgment Date
27 March 2019
Procedural Posture
Suo Motu Contempt Petition (criminal) / Order on Sentence After Finding of Contempt; Issuance of Fresh Notice of Contempt to Others; Referral to Chief Justice to Constitute Bench
Outcome
Mr. Mathews Nedumpara sentenced to three months imprisonment (suspended on undertaking) and barred from Supreme Court practice for one year. Notices of contempt issued to Shri Vijay Kurle, Shri Rashid Khan Pathan, Shri Nilesh Ojha, and Shri Mathews Nedumpara regarding new acts of contempt. Matter referred to Chief...
Legal Topics
Criminal Contempt, Advocate's Conduct, Browbeating of Judges, Punishment for Contempt
Contempt of Court Advocacy Criminal Contempt Advocate's Conduct Browbeating of Judges Punishment for Contempt

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Parties

Mr. Mathews Nedumpara

Contemnor/advocate

Shri Subhash Jha

Advocate for Contemnor

Shri Vijay Kurle

Noticee (alleged Contemnor)

Shri Rashid Khan Pathan

Noticee (alleged Contemnor)

Shri Nilesh Ojha

Noticee (alleged Contemnor)

Procedural Posture

Suo Motu Contempt Petition (criminal) / Order on Sentence After Finding of Contempt; Issuance of Fresh Notice of Contempt to Others; Referral to Chief Justice to Constitute Bench

Legal Issues

  1. 1 Appropriate punishment for advocate found guilty of contempt in the face of the Court
  2. 2 Whether subsequent complaints against Judges amounted to further contempt

Ratio Decidendi

Given Shri Nedumpara's undertaking not to browbeat Judges in future and his tender of apology, the Court sentenced him to three months imprisonment, suspended subject to his continued good behaviour, and barred him from practicing before the Supreme Court for one year. Complaints made against the Bench after the contempt conviction were considered prima facie acts of contempt and notices were issued to the complainants.

Court Disposition

Mr. Mathews Nedumpara sentenced to three months imprisonment (suspended on undertaking) and barred from Supreme Court practice for one year. Notices of contempt issued to Shri Vijay Kurle, Shri Rashid Khan Pathan, Shri Nilesh Ojha, and Shri Mathews Nedumpara regarding new acts of contempt. Matter referred to Chief...

Orders

  • Sentence of three months imprisonment to Shri Mathews Nedumpara, suspended if undertaking is maintained.
  • Shri Mathews Nedumpara barred from Supreme Court practice for one year from date of order.