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Court noted the petitioners had averred in the petition that they have been pressurized by judge of the High Court to withdraw the petition filed under Section 482 CrPC
The Supreme Court has emphasised that a lawyer who subscribes his signature to a contemptuous observation is equally guilty for committing contempt of court.
A bench of Justices B R Gavai and Sandeep Mehta took exception to the averment in a petition alleging that the petitioners were forced by a single judge bench of Rajasthan High Court to withdraw a petition filed under Section 482 of the Criminal Procedure Code.
The court issued notice to advocate Virendra Yadav, who has affirmed the affidavit and also to Kuldip Singh, Advocate on Record for the petitioner(s), who signed the petition calling upon them to show cause as to why an action for committing contempt of the court be not initiated against them, returnable in four weeks.
The bench also took objection to the conduct of arguing counsel R K Rathore.
"While we are dictating the order Mr R.K Rathore, counsel, tried to obstruct the functioning by interrupting every now and then. Even after the order is passed, he has started making gesture exhibiting surprise for the order that we have passed," the bench said in its order.
The court was dealing with a special leave petition filed by Suman and others against the Rajasthan High Court's order of February 15, 2024.
It noted the petitioners have averred in the petition that they have been pressurised by judge of the High Court to withdraw the petition filed under Section 482 CrPC. It is stated that the petitioners having no other option was forced to withdraw such a petition filed under Section 482 CrPC on account of the pressure exercised by judge of the High Court.
"The averments so made, in our view, are contemptuous in nature," the bench said.
The court relied upon a Constitution bench judgment of this Court in the case of "M Y Shareef And Another Vs The Hon'ble Judges of the High Court of Nagpur And Others", which has held that even a lawyer who subscribe his signature to a contemptuous observation is equally guilty for committing contempt of court.
Case Title: SUMAN & ORS. vs. STATE OF RAJASTHAN & ANR.
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