LI Network
Published on: December 27, 2023 at 06:52 IST
The Bombay High Court has Clarified that lawyers signing applications or pleadings with scandalous remarks against the court, without adequate grounds, may face contempt action.
Justices Nitin Sambre and NR Borkar emphasized that a lawyer’s duty to the court takes precedence over their duty to the client in such situations.
The Court contemplated contempt action against two lawyers and issued contempt notices against their client while warning that such behavior would be dealt with sternly.
The division bench addressed a praecipe filed by Advocate Zoheb Merchant, a junior of Advocate Minal Jaiwant Chandnani, on behalf of their client Bhisham Hiralal Pahuja.
The praecipe included a newspaper article casting aspersions on Justice Sambre, alleging bias and insinuating a quid pro quo for bail.
When questioned in court, Advocate Minal Jaiwant Chandnani stood by the contents of the praecipe. However, the Court observed that the conduct of both lawyers scandalized the courts and created an artificial situation to avoid taking up the matter. The lawyers subsequently tendered an unconditional apology.
The Court expressed strong disapproval of the lawyers’ conduct, noting that they insisted on submitting the praecipe despite the registry’s advice against it.
Consequently, the Court directed the Pimpri-Chinchwad Commissioner of Police to ensure the service of contempt notices on respondent Bhisham Pahuja and to provide details of the newspaper ‘Rajdharma’ that published the scandalous article.
The Court heavily relied on a Supreme Court judgment emphasizing that lawyers cannot hide behind client instructions when signing pleadings that scandalize the court. It stated that it would consider the bona fides of the unconditional apologies tendered by the lawyers.
The Court concluded that judges must decide disputes free from personal bias or prejudice. It warned that lawyers and litigants creating an artificial perception that scandalizing the courts can secure a recusal order would be dealt with sternly. The matter is scheduled for the next hearing on January 12, 2024.
