L.D. JAIKWAL versus STATE OF U.P.

L.D. JAIKWAL versus STATE OF U.P.

The independence and morale of judiciary require that the contemnor not escape with impunity on mere tendering of apology, especially when the apology is not heartfelt but merely procedural. Acceptance of apology as a rule would enable scandalizing courts with impunity; thus, imposition of substantive sentence is justified.

Parties
Appellant: L.D. Jaikwal; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
17 May 1984
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence for Contempt by High Court
Outcome
Appeal dismissed
Legal Topics
Criminal Contempt, Judicial Independence, Advocate Conduct, Apology in Contempt Proceedings
Contempt of Court Criminal Contempt Judicial Independence Advocate Conduct Apology in Contempt Proceedings

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Parties

L.D. Jaikwal

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence for Contempt by High Court

Legal Issues

  1. 1 Whether tendering a written apology is sufficient to set aside conviction for criminal contempt
  2. 2 Whether sentence imposed for contempt was excessive

Ratio Decidendi

The independence and morale of judiciary require that the contemnor not escape with impunity on mere tendering of apology, especially when the apology is not heartfelt but merely procedural. Acceptance of apology as a rule would enable scandalizing courts with impunity; thus, imposition of substantive sentence is justified.

Court Disposition

Appeal dismissed

Orders

  • Substantive sentence of simple imprisonment for 1 week and fine of Rs. 500 confirmed