JUDGEMENT
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(1.) In this petition for suo motu initiation of proceedings for contempt against the respondents, the petitioners, who are the members of the legal profession, express their concern over the manner in which certain sections of the Bar, in particular the respondents, have permitted themselves some statements and utterances against Judges and the judicial system. Annexures I, II, III and III-A are said to contain reports and statements of the first respondent and the same are referred to as evidence of a trend which, if permitted, would seriously impair the public image of and scandalise the judicial system.
(2.) These proceedings are the fall-out of certain events that culminated in initiation of proceedings for the removal of a sitting Judge. A Committee of lawyers called "Sub-Committee on Judicial Accountability" came to be formed in which the respondents, who are also the members of the legal profession, took an active part. Certain statements attributed to them are the subject-matters of the present proceedings for initiation of proceedings of contempt against them. The allegations in the petition are "that the members of the legal profession who are members of the so-called Sub-Committee on Judical Accountability.......are using the legal profession as a shield and committing the grossest criminal contempt and that this Hon'ble Court must.......take a serious note of this matter......"
(3.) It is also averred:
"....If this Hon'ble Court, on the basis of the facts as already stated hereinabove, finds that the respondents even if found guilty, may not be punished, which, of course, is the prerogative of this Hon'ble Court, the natural consequence would be that others with the same motivation will be equally emboldened to attack the members of this great Institution and that the very independence of the judiciary is at stake."
"That if this Hon'ble Court allows such statements to be made and does not proceed in contempt, the foundations of this great Institution will be shattered. The petitioners before this Hon'ble Court represent a large section of the Bar and are extremely concerned with the independence of the judiciary. They are extremely concerned that if acts which per se amount to grossest criminal contempt are allowed to be condoned and this Hon'ble Court does not take immediate action in that regard, the purity of the administration of justice would be the victim. It is, therefore, to protect this great Institution that the present petitioners are moving this contempt petition......"
"It may also be mentioned that the members of the so-called Sub-Committee on Judicial Accountability, and in particular the respondents, are misusing their privilege as advocates entitled to practice before this Hon'ble Court for the purpose of attaining certain partisan ends. The attempts of the respondents in appearing before this Hon'ble Court in their robes and espousing their cause as litigants itself tend to scandalise the Court and interfere with the due course of justice." ;
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