Bar members to appreciate multitasking performed by a lady judge: Madhya Pradesh High Court disposes of contempt case

The Madhya Pradesh High Court recently disposed of a contempt reference by a Judicial Magistrate First Class (JMFC) arising from an advocate’s unbecoming remarks in court (In Reference the State of Madhya Pradesh v. Pankaj Mishra)..In doing so, the Court called for more sensitivity from members of the Bar towards women judges, who are often "multitasking" while taking care of their home, family and work..A Bench of Justices Sheel Nagu and Anand Pathak stated, “To err is human and to forgive is divine”, after receiving an unconditional apology from the lawyer.“...it is in the interest of cause of justice that bonhomie be revived so that matter may proceed further without causing delay and friction,” the order stated..The friction occurred during a criminal case that was ongoing before the concerned trial court. The respondent, an advocate practising before the District and Sessions Court, appeared for one of the parties. Unhappy with a step taken by the judge during the proceedings, the counsel was stated to have said, “I am called Pankaj Mishra, note my name. You will end up with trouble in the future, you won’t be able to do the job like this.”.The lower court found these remarks contemptuous and made the instant reference. Soon after notice was issued to the respondent, he filed an affidavit through which an unconditional apology was tendered.“He expressed his immense respect to this Court as well as all other Courts of law and expressed his commitment to do everything to protect the dignity of judiciary," the High Court noted.The Court added that respondent appeared more than apologetic and expressed remorse and apology with folded hands before the High Court, while undertaking never to repeat such behaviour..Resultantly, the Division Bench passed a detailed judgement discussing the relationship between the Bar and the Bench. The order began with a likening of the platform shared by the two for the cause of justice.“Before delving upon the said issue it is apposite to look into the Raison d'etre” of their mutual existence. In one word, it is “Justice”. Just to elaborate the concept, we have to start with quote of French Writer Vauvenargues, when he says:- Emotions have taught mankind to Reason.”.Noting that magisterial courts are the foundation of the Indian judicial architecture, the Court stressed upon the duty of senior members of the Bar to ensure that young lawyers understand the nobility of the profession. At the same time, it was pointed out that senior judges are expected to guide young judges.“Incidentally, Magistrates are usually young and are in the process of gaining experience, therefore, at times are being pressurized by some members of the Bar to act in a particular manner. It is also true that sometimes, some Magistrates react sharply and sometimes friction appears between the two. Therefore, it is the duty of the senior members of the Bar and/or Bar Association of that District to guide the members of the Bar about the nobility attached to the profession. On other side Principal District and Sessions Judge and Senior Judges are expected to guide young judges about nuances and dignity of profession.”.Concluding the discussion, the Court opined that the JMFC rightly referred the matter for contempt. However, considering the respondent’s unconditional apology, the proceedings were terminated.The respondent also undertook to perform community service to purge his misdeeds and to give him a chance for reclamation..Therefore, the Court disposed of the reference on the terms that respondent would not commit contemptuous acts in the future and would plant 20 saplings either in the District Court campus if space is available, or at a suitable place earmarked by the district administration..Additional Advocate General MPS Raghuvanshi & Deputy AG Rajesh Shukla appeared for the State. The respondent was represented by Advocates JP Mishra, PS Bhadoriya and Dileep Awasthi..[Read Judgment Here]