ARUN KUMAR YADAV versus STATE OF U.P. THRU DIST. JUDGE

ARUN KUMAR YADAV versus STATE OF U.P. THRU DIST. JUDGE

The apology tendered by the appellant was neither prompt nor genuine. The conviction and sentence imposed by the High Court under Section 12 of the Contempt of Courts Act, 1971 for contemptuous conduct in court is upheld. The solemnity and sanctity of judicial proceedings cannot be compromised by errant behavior, and an apology cannot be a way to escape punishment unless it is genuine and timely.

Parties
Appellant: Arun Kumar Yadav; Respondent: State of U.P. through Dist. Judge
Jurisdiction
India
Judgment Date
29 May 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence Under Section 12, Contempt of Courts Act, 1971
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Contempt, Unconditional Apology, Judicial Decorum, Conduct in Court
Contempt of Court Criminal Law Contempt Unconditional Apology Judicial Decorum Conduct in Court

Case Brief

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Parties

Arun Kumar Yadav

Appellant

State of U.P. through Dist. Judge

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence Under Section 12, Contempt of Courts Act, 1971

Legal Issues

  1. 1 Whether the High Court correctly convicted the appellant for contempt of court under Section 12 of the Contempt of Courts Act, 1971
  2. 2 Whether the unconditional apology tendered by the appellant should have been accepted
  3. 3 Appropriate quantum of sentence for contemptuous conduct

Ratio Decidendi

The apology tendered by the appellant was neither prompt nor genuine. The conviction and sentence imposed by the High Court under Section 12 of the Contempt of Courts Act, 1971 for contemptuous conduct in court is upheld. The solemnity and sanctity of judicial proceedings cannot be compromised by errant behavior, and an apology cannot be a way to escape punishment unless it is genuine and timely.

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

  • Appellant directed to surrender and deposit the fine within thirty days from date of judgment, failing which the Chief Judicial Magistrate, Fatehpur, shall ensure enforcement of the judgment and order passed by the High Court.