RAKESH TIWARI, ADVOCATE versus ALOK PANDEY, C.J.M.

RAKESH TIWARI, ADVOCATE versus ALOK PANDEY, C.J.M.

The conduct of the appellant in entering the chamber of CJM, misbehaving, attempting to assault, and scandalising the court amounts to criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971. While upholding the conviction, the Supreme Court modified the sentence by suspending imprisonment for three years subject to good conduct and barred entry into District Judgeship for additional periods.

Parties
Appellant: Rakesh Tiwari; Respondent: Alok Pandey, C.J.M.
Jurisdiction
India
Judgment Date
10 May 2019
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment Dated 10.07.2015 in Contempt Application (criminal) No. 8 of 2013
Outcome
Conviction for criminal contempt upheld; sentence modified.
Legal Topics
Criminal Contempt, Court Dignity, Professional Misconduct of Advocates
Contempt of Court Professional Ethics Criminal Contempt Court Dignity Professional Misconduct of Advocates

Case Brief

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Parties

Rakesh Tiwari

Appellant

Alok Pandey, C.J.M.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment Dated 10.07.2015 in Contempt Application (criminal) No. 8 of 2013

Legal Issues

  1. 1 Whether the conduct of the appellant amounts to criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971.
  2. 2 Appropriate sentence and restrictions for an advocate convicted of criminal contempt.

Ratio Decidendi

The conduct of the appellant in entering the chamber of CJM, misbehaving, attempting to assault, and scandalising the court amounts to criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971. While upholding the conviction, the Supreme Court modified the sentence by suspending imprisonment for three years subject to good conduct and barred entry into District Judgeship for additional periods.

Court Disposition

Conviction for criminal contempt upheld; sentence modified.

Orders

  • Imprisonment of 6 months suspended for 3 years subject to appellant’s good and proper conduct.
  • Appellant not to enter the premises of District Judgeship, Allahabad for further period of 3 years from 1.7.2019 to 30.6.2022, in addition to what already undergone.