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Mehmood Pracha was convicted by CAT in 2020 for unruly and contemptuous behaviour. Appearing before the apex court in person, Pracha maintained that he was not guilty of contempt and would not tender any apology
A Supreme Court Bench of Justices KM Joseph and Hrishikesh Roy today set aside the order of the Central Administrative Tribunal (CAT) convicting Advocate Mehmood Pracha for contempt of court.
In 2020, the principal bench of the CAT took suo moto cognizance of the behaviour of advocate Mehmood Pracha, while arguing the case of Sanjiv Chaturvedi, an Indian Forest Service officer of Uttarakhand cadre on deputation to AIIMS, Delhi, who filed different applications with regard to recording of his Annual Confidential Reports (ACRs).
CAT, citing instances of unruly and contemptuous behavior on part of Pracha, held him guilty of contempt of court under Section 14 of the Contempt of Courts Act, 1971.
The order noted, “There would have been every justification to impose the sentence proportionate to the acts of contempt held proven against Pracha." However, the tribunal chose to let him off with a warning.
In August 2021 the Supreme Court asked Pracha to tender an unconditional apology in the case.
The Supreme Court today set aside the contempt order on the ground that the denial of the right to trial contemplated under the Contempt of Courts Act and Rules results in miscarriage of justice.
Pracha, appearing in person, had maintained his stand that since he has not committed any wrong, he will not apologise. ASG Vikramjit Banerjee assisted the court as Amicus Curiae in the matter.
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