Read Time: 04 minutes

Synopsis

The Supreme Court has emphasised that a lawyer who subscribes to contemptuous pleadings is equally guilty of contempt.

A bench of Justices B R Gavai, Aravind Kumar, and Prashant Kumar Mishra took exception to conduct of the respondent University in not permitting students to appear in examinations despite the court's previous orders.

The court also objected to certain pleadings made by the respondent in counter affidavit.

"As held by this Court in M Y Shareef and Another v. The Hon’ble Judges of the High Court of Nagpur and Others' (1955) 1 SCC 757, the lawyer who subscribes his/her signatures to contemptuous pleadings is equally guilty of contempt," the bench said.

Hearing a contempt petition filed by Naminath Homeopathic Medical College Hospital and Research Centre, the bench said, "Prima facie we find that the conduct of the University in not permitting the students of the petitioner Institute to appear in the examination is in contempt of the orders passed by this Court on 15th May 2023 as well as 7th July 2023."

"Not only that but the averments made in the counter affidavit drafted by Sarvan Kumar, Advocate, and signed by Ranjay Kumar Dubey, Advocate on Record are also contemptuous in nature," the bench added.

The bench said that it could have taken a serious view of this matter. 

"However, we are giving one more opportunity to the respondent to purge the contempt," the bench said, posting the matter for consideration on October 31, 2023.

Court also directed the counsel for the University to make a statement on the next date as to whether it was willing to hold a special examination for the students of the petitioner Institute.

Case Title: Naminath Homeopathic Medical College Hospital and Research Centre Vs A K Singh & Ors.