High Court Of Madras v. S.Mahaveer Sivaji

2024:MHC:3218

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM High Court of Madras, Chennai - 600 104.

... Petitioner Vs.

S.Mahaveer Sivaji ... Respondent Prayer: Suo Motu Criminal Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, 1971, against the Contemnor herein as per the order of the Court dated 28.04.2023 made in O.S.A.Nos.251 and 258 of 2015.

For Petitioner : Mr.M.Santhanaraman For Respondent : Mr.S.Mahaveer Sivaji Party-in-Person

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The Suo Motu Criminal Contempt Petition has been initiated against the respondent mainly on the ground that he has addressed a letter to the Registry of Madras High Court about certain incidents occurred during the hearing of the case.

2. The letter written by the contemnor is unnecessary and the remarks made by him against the Court proceedings cannot be appreciated. Such remarks ought not to have been made by the respondent, while conducting cases before the Courts.

3. The learned Advocates have duty towards the Courts, to the litigants and to their colleagues. Hence, they are expected to maintain good conduct both inside and outside the Court Hall. Nobility of the profession at all circumstances must be maintained by all concern.

4. Lawyers enjoy a special status in the society by virtue of their profession. They are expected not to take any undue advantage of their

position as lawyer in the society or in the Court Hall. Any unwarranted actions and behaviours would undoubtedly result in initiation of such proceedings. While placing arguments, the lawyers are expected maintain decorum and the majesty of Court proceedings.

5. In the present case, the respondent has written a letter, which is undoubtedly not in good taste and such proceedings has been rightly viewed seriously by the Courts for initiation of suo motu criminal contempt proceedings.

6. However, the respondent / contemnor has made an unconditional apology and made an endorsement to the that effect in the case bundle. When the respondent has realised the mistake and made an unconditional apology, this Court decided to accept the same magnanimously with the condition that the respondent shall not involve any such activity in future. Thus, taking a lenient view and accepting the unconditional apology made by the respondent, we are inclined to close the contempt petition.

7. Accordingly, the Contempt Petition stands closed. No costs. [S.M.S., J.] [V.S.G., J.] 13.08.2024 Jeni Index : Yes Speaking order / Non-speaking order

S.M.SUBRAMANIAM, J.

and V.SIVAGNANAM, J.

Jeni 13.08.2024