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Synopsis

The Allahabad High Court recently imposed a fine of Rs 10,000 upon a lawyer for persistently arguing even after the court had issued its order. Despite the court ruling that his client's plea for bail was without merit and dismissing it, the lawyer remained adamant in his argument.

The bench of Justice Krishan Pahal noted that the counsel for the bail applicant stated that he did not argue the case in detail as he thought that bail was being granted. After passing of the order, the lawyer claimed that there were inconsistencies in the victim's statement and a consensual relationship between her and the accused, insisting that he was fulfilling his duty by arguing at length and asserting it was a clear-cut case for bail.

Justice Pahal wrote, "Justice underscores the dual responsibilities of Advocates in a Court of Law. While they must diligently represent and look after the interests of their clients, they also have an onerous duty to maintain a respectful and conducive environment in the courtroom".

He highlighted that advocates should assist the court rather than cause disruptions, thus upholding the dignity of the judicial process.

Justice Pahal noted that the lawyer not only continued to argue after the order was passed but also caused a disturbance, disrupting the proceedings. He stressed that such behavior constitutes criminal contempt of court, undermining the authority and decorum of the judicial process.

"This behavior is considered criminal contempt of Court, as it undermines the authority and decorum of the judicial process," he stressed. 

However, he decided against initiating contempt proceedings, clarifying that no litigant is allowed to interfere in court proceedings after an order is issued.

The court condemned the lawyer's behavior and imposed a fine of Rs 10,000, to be deposited in the High Court Legal Services Authority account within 15 days.

Case Title: Mohan v. State of UP