The Allahabad High Court, in a significant ruling, emphasized the necessity of advocates maintaining decorum and respectful conduct in courtrooms. The judgment came in response to a criminal contempt case (Contempt Application (Criminal) No. 7 of 2023) against advocate Shri Yogendra Trivedi, who was found to have exhibited inappropriate behavior toward a presiding judge.
Background of the Case
The case arose from an incident on February 3, 2023, during proceedings before the Civil Judge (Junior Division/Fast Track Court) in Kanpur Nagar. Advocate Yogendra Trivedi, unhappy with the issuance of non-bailable warrants by the presiding officer, confronted the judge, snatched court files, and made uncalled-for comments. The presiding judge referred the matter to the High Court for contempt proceedings, citing a similar instance of discourteous behavior by Trivedi on July 14, 2022, and November 22, 2022.
Legal Issues Involved
The main legal issue was whether the conduct of the advocate amounted to contempt of court under the Contempt of Courts Act, 1971. Advocates are considered officers of the court and are expected to uphold the dignity and decorum of judicial proceedings. In this case, the advocate’s behaviour was seen as undermining the authority of the presiding judge and disrupting court functions.
Additionally, the issue of whether a mere apology is sufficient to purge contempt was debated. Trivedi submitted an apology on several occasions, including in January and May of 2024, but the court found them unsatisfactory, questioning the sincerity of his remorse.
Decision of the Court
The Bench, consisting of Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary, scrutinized the repeated incidents of Trivedi’s inappropriate conduct. The court rejected his initial apology as it was not deemed sincere and voluntary. In its observation, the court stated:
“We are of the opinion that the apology submitted by the contemnor is no apology as neither any remorse is expressed nor the apology is voluntary. We, therefore, reject the plea of the contemnor that he has submitted an unconditional apology.”
After Trivedi submitted a fresh affidavit expressing unconditional apology in August 2024, the court took a more lenient view, acknowledging his undertaking to never repeat such conduct. His counsel, Sharad Kumar Srivastava, argued for leniency, emphasizing that Trivedi was a young advocate with no previous record of such behaviour, and strict action could jeopardize his career.
Despite the gravity of the offence, the court decided to drop the contempt proceedings, issuing Trivedi a strict warning. The court emphasized the critical role of advocates in maintaining courtroom decorum, noting:
“Instances of the kind in which the advocates show discourteous behaviour towards the Presiding Judge cannot be tolerated. The Judges can function only in a cordial atmosphere. Being an Officer of the court, an Advocate cannot be expected to be either discourteous to the Judge or use intemperate language against the Presiding Officer.”
The court further instructed that a report on Trivedi’s conduct be submitted by the District Judge of Kanpur Nagar after two years. The report will determine whether Trivedi’s conduct remains satisfactory during this period.
Case Details:
– Case Title: In Re vs. Shri Yogendra Trivedi
– Case Number: Contempt Application (Criminal) No. 7 of 2023
– Bench: Justice Ashwani Kumar Mishra, Justice Dr. Gautam Chowdhary
– Counsel for the Applicant: Sudhir Mehrotra (Suo Moto)
– Counsel for the Opposite Party: Sharad Kumar Srivastava
