VidhiSangh

Supreme Court of India · 10/05/2019

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

[2019] 7 S.C.R. 893 · 2019 INSC 679

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Summary

An advocate’s abuse, threats and attempted assault against a judicial officer over judicial orders constituted criminal contempt. Regulating the advocate’s appearance or access to courts to protect proceedings was distinguished from suspending his professional licence. Conviction was upheld, but imprisonment was conditionally suspended for three further years, coupled with exclusion from the Allahabad District Judgeship and the fine direction.

Issues

  1. Whether the conduct constituted criminal contempt.
  2. Whether court-access restrictions were permissible and how the sentence should operate.

Held

Result

Conviction upheld; six-month imprisonment suspended for three further years subject to good conduct and no entry to Allahabad District Judgeship from 1 July 2019 to 30 June 2022, additional to time already undergone. Sentence to remit on compliance; Supreme Court could activate it on breach. ₹2,000 fine maintained; non-payment attracted three months’ exclusion from the premises. Appeal disposed of; no costs.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 893.