Summary
Following an earlier finding of contempt in the face of the Court, the Supreme Court sentenced Mathews Nedumpara to three months’ imprisonment, suspended subject to his continuing compliance with an undertaking not to browbeat judges of the Supreme Court or Bombay High Court. It also barred him from practising before the Supreme Court for one year. Separate complaints containing allegations against the Bench prompted fresh contempt notices to four persons, to be heard by a Bench constituted by the Chief Justice.
Issues
- What punishment should follow the earlier finding of contempt.
- How the separate complaints against the Bench should be dealt with.
Held
- The present hearing concerned punishment following the finding of contempt dated 12 March 2019. After considering the affidavit and undertaking, the Court imposed three months’ imprisonment, suspended only while the undertaking continued to be observed, and a one-year bar on Supreme Court practice. (¶¶ 1, 4–5)
- The complaints against the Bench warranted notices to Vijay Kurle, Rashid Khan Pathan, Nilesh Ojha and Mathews Nedumpara to show cause against punishment for criminal contempt, returnable within two weeks. These notices did not themselves constitute convictions in the new proceedings. (¶ 6–11)
- Because the allegations concerned members of the present Bench, the Chief Justice was to constitute an appropriate Bench to hear and decide the fresh contempt case. (¶ 12)
Result
Punishment imposed: three months’ imprisonment conditionally suspended and one-year bar on Supreme Court practice from 27 March 2019. Separate contempt notices issued to four persons, returnable in two weeks; Chief Justice to constitute a Bench to decide those proceedings.