The Bombay High Court yesterday has issued a contempt notice to advocate Mathews Nedumpara in light of his behaviour while arguing a case..Nedumpara was appearing in a case filed in 2013, challenging the validity of Sections 154(2) and 101 of the Maharashtra Cooperative Societies Act, 1960. A number of judges recused from the case, which finally came before Chief Justice Dr. Manjula Chellur and Justice GS Kulkarni..On the last date of hearing earlier this month, the respondents had submitted to the court the fact that the same petitioner had approached the High Court asking for the same reliefs in a writ filed in 2012. That case was dismissed by a Division Bench of erstwhile Chief Justice Mohit Shah and Justice Anoop Mohta..This, the respondents argued, amounted to an abuse of justice. The present Bench then asked the respondents to file a reply affidavit with details regarding these proceedings..Yesterday, the Bench found out that the validity of the challenged provisions were indeed upheld by the previous bench. Despite this, the Bench found, the petitioner and her family members had instituted various proceedings on the same issue in the High Court. Then, the court proceeded to ask Nedumpara whether the petition would be maintainable..And what followed was, in the court’s own words, “disturbing and shocking”..Nedumpara replied that he did not have to answer any of the court’s questions and that his client had the right to be heard. The temperamental advocate then proceeded to create a scene in court and hurl abuses at the opposing counsel..Quite bizarrely, when the respondent advocates were pointing out the previous decisions of the court on this topic, Nedumpara walked out of his seat and sat in the last row, showing “utter disregard and indifference to the sanctity of the court proceedings”..He then interrupted his opponents and again stated that he was not under any obligation to answer any question posed by the court. When the Bench insisted on eliciting an answer, Nedumpara simply got up and walked out of court..After he left, the court passed an order stating,.“We find that what happened in the Court today is not only most unfortunate but highly objectionable affecting the solemnity and sanctity of the judicial proceedings. The conduct of Mr. Nedumpara has seriously affected not only the dignity of the Court but also the interest of administration of justice….The counsel of the Court is expected to be a responsible officer of the Court and if such contemptuous behaviour on the part of Mr. Nedumpara is not seriously dealt with, the same would erode the dignity of the Court and corrode the majesty of the Court…” .Thus, the court issued notice to Nedumpara, returnable in two weeks, directing him to show cause as to why contempt action show not be taken against him. The Bench also directed that the case be placed on the administrative side before the Chief Justice, who will decide whether the matter is required to be placed before another Bench..It will be interesting to see whether the cantankerous Nedumpara will atone for his actions..Read the order:
The Bombay High Court yesterday has issued a contempt notice to advocate Mathews Nedumpara in light of his behaviour while arguing a case..Nedumpara was appearing in a case filed in 2013, challenging the validity of Sections 154(2) and 101 of the Maharashtra Cooperative Societies Act, 1960. A number of judges recused from the case, which finally came before Chief Justice Dr. Manjula Chellur and Justice GS Kulkarni..On the last date of hearing earlier this month, the respondents had submitted to the court the fact that the same petitioner had approached the High Court asking for the same reliefs in a writ filed in 2012. That case was dismissed by a Division Bench of erstwhile Chief Justice Mohit Shah and Justice Anoop Mohta..This, the respondents argued, amounted to an abuse of justice. The present Bench then asked the respondents to file a reply affidavit with details regarding these proceedings..Yesterday, the Bench found out that the validity of the challenged provisions were indeed upheld by the previous bench. Despite this, the Bench found, the petitioner and her family members had instituted various proceedings on the same issue in the High Court. Then, the court proceeded to ask Nedumpara whether the petition would be maintainable..And what followed was, in the court’s own words, “disturbing and shocking”..Nedumpara replied that he did not have to answer any of the court’s questions and that his client had the right to be heard. The temperamental advocate then proceeded to create a scene in court and hurl abuses at the opposing counsel..Quite bizarrely, when the respondent advocates were pointing out the previous decisions of the court on this topic, Nedumpara walked out of his seat and sat in the last row, showing “utter disregard and indifference to the sanctity of the court proceedings”..He then interrupted his opponents and again stated that he was not under any obligation to answer any question posed by the court. When the Bench insisted on eliciting an answer, Nedumpara simply got up and walked out of court..After he left, the court passed an order stating,.“We find that what happened in the Court today is not only most unfortunate but highly objectionable affecting the solemnity and sanctity of the judicial proceedings. The conduct of Mr. Nedumpara has seriously affected not only the dignity of the Court but also the interest of administration of justice….The counsel of the Court is expected to be a responsible officer of the Court and if such contemptuous behaviour on the part of Mr. Nedumpara is not seriously dealt with, the same would erode the dignity of the Court and corrode the majesty of the Court…” .Thus, the court issued notice to Nedumpara, returnable in two weeks, directing him to show cause as to why contempt action show not be taken against him. The Bench also directed that the case be placed on the administrative side before the Chief Justice, who will decide whether the matter is required to be placed before another Bench..It will be interesting to see whether the cantankerous Nedumpara will atone for his actions..Read the order:
