Contempt notices to petitioner, advocate over remarks against HC

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New Delhi, November 12

The Supreme Court (SC) has issued contempt notices to a petitioner-advocate and his advocate-on-record for “derogatory” remarks made against the Karnataka High Court in a petition filed in the top court.

Asking petitioner Mohan Chandra P and his advocate-on-record Vipin Kumar Jai to explain as to why an action for contempt of court should not be initiated against them, a Bench led by Justice BR Gavai on Friday asked both of them to remain personally present in the court on December 2.

The petitioner had alleged that the High Court took into consideration extraneous reasons and as revenge, imposed exemplary cost of Rs 5 lakh on him while dismissing his petition against selection of Chief Information Commissioner and Information Commissioners in Karnataka.

“Only to show favouritism towards the respondents, harass the petitioner and gain publicity, the Division Bench of High Court of Karnataka has imposed exemplary cost for ulterior purposes. This is not a public interest litigation filed by the appellant. The writ petition and writ appeal is preferred by the appellant on personal capacity for enforcing judgment of the apex court and redressal of his grievance and not for any other purpose,” he had said in his petition.

“The aforesaid observations are not only derogatory to the Karnataka High Court but highly contemptuous in nature,” the top court noted in its order. Citing a Constitution Bench in the MY Shareef and another versus the Hon’ble Judges of the High Court of Nagpur and others (1955), the Bench said “…even a lawyer who subscribes his signatures to such derogatory and contemptuous averments is guilty for committing contempt of the court.”

‘Took revenge’

The petitioner had alleged that the HC took into consideration extraneous reasons and as revenge, imposed exemplary cost of Rs 5 lakh on him while dismissing his petition against selection of Chief Information Commissioner and Information Commissioners in Karnataka.