Suo Motu vs Manoj Sharma and Another

Heard Shri Kamlakar Sharma, learned Senior Counsel, for respondents. It is submitted at Bar that learned Advocate General, Rajasthan, being out of station on official assignments, he is not in a position to address this court today. We have heard Shri S.K. Gupta, learned Additional Advocate General, Rajasthan. The present contempt proceeding was initiated on the basis of orders dated 08.08.2013/12.08.2013 passed by a learned Single Judge of this Court on the basis of the contents thereof. For the order proposed to be passed, it is not considered essential to dilate thereon. Suffice it to mention that in response to the notice issued in connection therewith, the respondents, who are presently the President and the General Secretary of the Rajasthan High Court Bar Association, Jaipur, have entered appearance and have filed their replies.

Learned Senior Counsel for the respondents at the threshold, with reference to the replies submitted by the respondents, urged that, as pleaded, they have the highest regard for this court and that at no point of time did they mean any disrespect to it and have always held the Hon''ble Judges, in very high esteem.

It transpires from the pleadings of the respondents that on the relevant date i.e. 08.08.2013 the respondents as the President and the General Secretary of the Rajasthan High Court Bar Association had in terms of the resolution of the General House, visited the Court room to request the learned Single Judge not to pass adverse orders for the absence of learned Members of the Bar in their respective cases and that while such a request was made, a large number of lawyers entered the Court room without their knowledge and also made their request in their own manner. The respondents have further stated that they were not accompanied by any other lawyer when they had entered the Court room and that they did not expect the group of lawyers to enter the court room behind their back, and that they were also not aware of such a situation. They pleaded as well that in these circumstances the respondents could not be held to be vicariously responsible for any act which might have been done by anyone in the group of lawyers. Both the respondents have clearly stated that they however highly regret what had happened in the court. The respondent No. 2, in particular, has stated in his reply that he has utmost regard and respect for the dignity of law and the dignity of this Hon''ble Court and has knowingly or unknowingly done nothing which would amount to contempt or in disregard of the dignity of the Court.

Learned Senior Counsel for respondents abiding by this stand pleaded by the respondents, has, with all humility at his command, endorsed this plea of theirs. The respondents, who are present in the court, have also, without any reservation, reiterated their regret.

Learned Senior Counsel for respondents, though had in the course of the arguments, in the alternative raised certain legal issues bearing on the maintainability of the proceedings, he, on instructions, has not pursued the same. We, therefore, need not address the said issues as those are not pressed.

Upon hearing Shri Sharma as well as the respondents, who are present in the court, and on an overall consideration of all relevant aspects and more particularly the much cherished harmonious relationship between the Bar and the Bench, as two institutions solemnly committed to dedicate themselves to public service and administer justice, to secure that end, we are of the considered opinion that in the singular facts and circumstances, the instant proceedings ought not to be pursued further. We accept the sincere and unqualified regrets, expressed by and on behalf of the respondents and consequently close the instant proceedings.

We part with the hope and expectation that all concerned and associated with this esteemed institution would take this order in the right spirit and act accordingly so much so that the dignity, majesty and credibility thereof in public estimation at large, is sustained and enhanced in time to come.

The proceedings are consequently closed and notices are discharged in the above terms. Both the matters stand disposed accordingly. A copy of this order be placed in the file of D.B. Criminal Miscellaneous Application No. 249/2013.