Rajasthan High Court imposes ₹25k costs on police constable for slapping defence lawyer while deposing as witness

The Rajasthan High Court recently imposed costs of ₹25,000 on a police constable after he was found guilty of slapping a defence lawyer who was examining the constable as witness in a trial [ADJ, Gulabpura, Bhilwara v Rameshchandra]..A bench of Justices Vivek Bishnoi and Farjand Ali passed the order considering the contemnor's act as well as the precious time spent by the High Court in deciding the case."As we found that the respondent-contemnor is guilty of unruly behaviour in the trial court and this Court while dealing with the instant contempt petition has devoted its precious time, we deem it appropriate to direct the respondent-contemnor to deposit a sum of ₹25,000 with the District Legal Services Authority, Bhilwara within a period of one month from today," the Court ordered..The Court added that any attempt to obstruct administration of justice, scandalise the court or interfere with due course of judicial proceedings ought to be dealt with all strictness.“The majesty of courts of law is very important and is paramount for the purpose of proper administration of justice and to create a sense of confidence in general public,” it was further emphasised..However, on an unconditional apology being rendered by the contemnor, the Court accepted it treating the same as bona fide.“The respondent-contemnor is a young person having two minor children and looking to the background of his family, a lenient view is taken in the matter.”.The contempt of court, petition was registered on the basis of a complaint filed by the district judge stating that the contemnor had slapped the defence lawyer while deposing as a witness.It was stated that as a result of this behaviour, judicial work was interrupted.Besides the contempt of court petition, case were registered against him under Section 228 (intentional insult or interruption to public servant sitting in judicial proceeding) of the Indian Penal Code (IPC) on a complaint by the district judge. .The contemnor justified the act stating that the defence counsel had pressurised him before entering court and was constantly hitting his legs during the cross-examination..He claimed that the lawyer kicked his legs with force causing a deep pain due to which the contemnor lost his mental equilibrium and softly slapped the lawyer. He also tendered an unconditional apology..The lawyer who had been slapped, however, refused to accept the unconditional apology. His counsel argued that the act of slapping a defence lawyer was highly condemnable and could not be pardoned..While the court accepted the apology, the argument of the contemnor was rejected stating that if he suffered injury on account of the lawyer, he could have immediately complained to the presiding officer.“The defence submitted by the respondent-contemnor, therefore, seems to be an afterthought”, it was found by the division bench.With this, costs of ₹25,000 were imposed and the case was disposed of. The Court, however, made it clear that the case under Section 228 would continue. .AAG Sandeep Shah, assistant AAG Akshiti Singhvi, advocates Mridul Jain and KC Sharma appeared for the petitioners while the respondents were represented by Senior Advocate JS Choudhary, advocates Pradeep Choudhary, Sampatti Choudhary and Ramesh Chandra..[Read Order]