JUDGEMENT
V.K.BALI, J. -
(1.) THE respondent -contemner Mr. Kuldeep Singh Burra, Advocate, practising in the District Court, Bathinda, on 2nd of September, 1993, at about 11.00 A.M. entered the Court of Mr. N.K. Bansal, Additional District and Sessions Judge, Bathinda and told him loudly and in anger that he (Mr. N.K. Bansal) had decided a case Nachhatar Kaur v. Gurjit Kaur on 1st September, 1991 without hearing him. He also told the Presiding Officer that he was a Counsel for the respondent in the said case. However, the Presiding Officer told him that respondent in the case had been proceeded against ex parte by his predecessor vide order dated 30.7.1992. The lawyer after examining the order proceeded ex parte against respondent, used abusive language to the Court in the name of its sister and further said that the case had been decided against the appellant because the Court had taken money from the other side. These are the basic facts that Mr. N.K. Bansal, Additional District and Sessions Judge, Bathinda, through District and Sessions Judge, Bathinda, forwarded the matter to this Court for appropriate action. Alongwith the reference there is a resolution of District Bar Association, Bathinda which was carried out in the meeting of the District Bar Association, Bathinda, held under the Presidentship of Harjeet Singh finding Kuldeep Singh Burra, Advocate actually having insulted the Court in the manner/referred to above.
(2.) IN response to the contempt notice issued to the respondent, Mr. Burra has tendered unqualified apology by placing on record affidavit dated 28.4.1994. He along with Sarvshri Satya Murti Nayyar, Hardev Singh, Nahar Singh, Harjit Singh, Mohinder Singh Sidhu, Jaideep Nayyar, Udhey Partap Singh Sidhu, Karminder Singh Sodhi and Jagdish Lal Baghla, Advocates, appeared before Mr. N.K. Bansal, Additional District and Sessions Judge, Bathinda and tendered unconditional apology to him as well. The said apology was tendered in writing that whatever incident had happened in Court room was due to the fact that he (Kuldeep Singh Burra) was a new in profession and was also suffering from hypertension. This unconditional apology was tendered on 8th April, 1994. In the unconditional apology which has been tendered by the Lawyer concerned it is stated that it is his first and last incident of life and he throws himself at the mercy of the Court. In the Bathinda Bar on 2nd of September, 1993, he further says tendered unqualified apology on his behalf and on his request.
(3.) AFTER hearing the learned Counsel for the parties, this Court is of the considered view that respondent Mr. Kuldeep Singh Burra, Advocate is guilty of contempt. Totally uncalled for imputation to the Presiding Officer lowers to authority of a Court and also amounts to interference in due course with the judicial proceedings. I, thus, hold him guilty to contempt. However, in view of the unconditional apology tendered by him as also in view of the fact that he is a beginner in the profession and is stated to be suffering from hypertension, I take a lenient view in the matter and sentence him upto the rising of the Court. Petition allowed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.