Supreme Court Issues Contempt Notice Following Allegations Against Judges — Upholds Judicial Integrity. Allegations against judges deemed scandalous, prompting contempt proceedings under the Contempt of Courts Act, 1971.

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Case Note & Summary

The case involved a suo motu contempt petition against an advocate, who was previously held guilty of contempt by the Supreme Court. Following a judgment on March 12, 2019, the court issued a notice regarding the punishment for his contemptuous actions. During the proceedings, Nedumpara attempted to delay the hearing by filing a transfer petition and requesting a pass over due to his counsel's absence. When his counsel, Subhash Jha, appeared, he argued points not directly related to the punishment aspect. Nedumpara later submitted an affidavit expressing regret and apologizing for his conduct, while also contesting some accusations against him. The court considered his apology but ultimately sentenced him to three months of imprisonment, suspended on the condition of future compliance, and barred him from practicing before the Supreme Court for one year. Additionally, the court addressed two complaints made against its judges, which were deemed scandalous and prompted the issuance of contempt notices to the complainants. The Chief Justice was directed to form an appropriate bench to handle these contempt proceedings, highlighting the serious nature of the allegations against the judges and the necessity of protecting the court's integrity.

Headnote

Contempt of Court - Criminal Contempt - Allegations Against Judges - Contempt of Courts Act, 1971, Section 2 - The court addressed allegations made against its judges, determining that they were scandalous and warranted contempt proceedings. The court issued notices to the individuals making the allegations to explain their actions, emphasizing the need to uphold judicial integrity. Held that serious allegations against judges must be addressed to maintain the dignity of the court (Paras 12-12).

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Issue of Consideration

Whether the allegations made against the judges constituted criminal contempt of court.

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Final Decision

The court sentenced Mathews Nedumpara to three months imprisonment, suspended on the condition of future compliance, and barred him from practicing before the Supreme Court for one year. The court also issued contempt notices to the complainants regarding their allegations against the judges.

Law Points

  • Contempt of Court
  • Punishment for contempt
  • Apology in contempt proceedings
  • Suspended sentence
  • Bar from practice
  • Judicial Conduct
  • Criminal Procedure Code
  • Legal Ethics
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Case Details

2019 LawText (SC) (3) 26

Suo Motu Contempt Petition (Crl.) No. 1 of 2019

2019-03-27

Rohinton F. Nariman J. , Vineet Saran J.

Subhash Jha

IN RE: MR. MATHEWS NEDUMPARA

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Nature of Litigation

Contempt proceedings against an advocate for actions deemed contemptuous.

Remedy Sought

The court sought to impose punishment for contempt.

Filing Reason

Allegations made against judges following a contempt ruling.

Previous Decisions

The court had previously held Mathews Nedumpara guilty of contempt.

Issues

Whether the allegations against the judges constituted criminal contempt. What punishment should be imposed for the contempt committed by Mathews Nedumpara.

Submissions/Arguments

Nedumpara's counsel argued against the punishment aspect and cited legal principles. Nedumpara submitted an affidavit expressing regret and seeking to purge the contempt.

Ratio Decidendi

The court emphasized the need to maintain judicial integrity and address scandalous allegations against judges to uphold the dignity of the judiciary.

Judgment Excerpts

We, therefore, issue notice of contempt to (1) Shri Vijay Kurle; (2) Shri Rashid Khan Pathan; (3) Shri Nilesh Ojha and (4) Shri Mathews Nedumpara to explain as to why they should not be punished for criminal contempt of the Supreme Court of India. Given the serious nature of the allegations levelled against this Bench, the Chief Justice of India to constitute an appropriate Bench to hear and decide this contempt case.

Procedural History

The court held a hearing on March 27, 2019, regarding the contempt committed by Mathews Nedumpara and addressed subsequent allegations made against its judges.

Acts & Sections

  • Contempt of Courts Act, 1971: Section 2
  • Criminal Procedure Code, 1973: Section 479
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