Rajasthan HC asks State Bar Council to take appropriate action agaginst Counsel for using obnoxious and filthy language

The Rajasthan High Court (Jodhpur Bench) has asked the State Bar Council to take appropriate action against a Counsel for using "filthy and obnoxious" language during the course of hearing a bail petition.

The single judge bench of Justice Devendra Kachhawaha observed that "Looking to whatever has happened as aforesaid, this Court feels that if suitable and appropriate actions are not taken against the delinquency of the counsel, it will definitely breach and erode the public faith, trust and respect for entire justice delivery system and the same would be injurious to the self-esteem of a sitting Judge and it may further encourage the other lawyers to behave in such unruly and disrespectful manner."

The Court said that although, the act of the counsel  certainly warranted initiation of contempt proceedings but instead the Court was taking  a lenient view  just to maintain judicial dignity and decorum of the Court and directed the State Bar Council to take appropriate actions.

During the course of hearing of the bail application, it was brought to the Court's notice that two other cases of similar nature were also pending against the accused-applicant and the investigation in the present matter had not been completed, therefore, looking to the facts and circumstances of the case, the gravity of the offence as well as the criminal antecedents of the accused-applicant, the Court expressed its opinion that, at present, the accused is not entitled to be released on bail and therefore, an option was given to the counsel for the petitioner either to get the matter adjourned or withdrew the bail application with the liberty to renew the prayer after filing of the chargesheet.

The Court said that the Counsel thereafter inappropriately opened up passing unwelcoming comments upon the Court.

"His behaviour and demeanour was certainly of maligning the dignity and decorum of the Court. The Counsel deliberately and willfully uttered obnoxious and filthy language which is normally used by cheapsters and street goons", said the Court.

 

Case Title: Ramdhan Vs State of Rajasthan through PP   S.B. Criminal Misc. Bail Application No. 6918/2021