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Advocate raises voice against judge & throws case files; Karnataka HC initiates contempt proceedings [Read Order]

By Rintu Mariam Biju      12 February, 2024 07:46 PM      0 Comments
Advocate raises voice against judge & throws case files Karnataka HC initiates contempt proceedings

Karnataka: In a dramatic turn of events, the Karnataka High Court recently ordered the initiation of contempt of court proceedings against a lawyer who shouted at a judge and threw files in the courtroom following the dismissal of an application filed by him. 

Justice KS Hemalekha initiated contempt proceedings against the applicant's lawyer after threw his files and made derogatory comments against the Court. 

“After passing the order on I.A.No.1/2022, when the learned counsel was requested to argue the matter on merits, since the matter was heard in part on the earlier date, he threw he threw the files aghastly stating that he wants to appeal against the order passed on I.A.No.1/2022, counsel for the petitioner raised his voice, spoke in a harsh manner and made derogative remarks against the Court stating that “he is not bothered about the consequences.”

In an order dated February 5, the Court further noted that despite the advocate’s rude behaviour on several occasions, the Court “ignored his arrogance and had accommodated his presence before the Court”. The judge further recorded in the order that the petitioner’s counsel had been consistently protracting the proceedings by fling several applications, which is evident from the order sheet.

Expressing grave concern, the Court proceeded to initiate suo motu contempt proceedings on the following grounds: 

• Misbehavior: Throwing his files ghastly in dismay after rejection of IA.
• Arrogance: Using singular Sl. language towards the Bench with a directive voice and inspite of the Court warning him to mind his behaviour, he mentioned "least 

bothered of the consequences" and left the Court in sheer anger throwing the files.

• Backtalk: Talking in loud voice and refusing to argue the matter on merits despite repetitive request from the Court as the matter was argued on merits before hearing I.A. 

• (iv) Violation of Court Rules: Constantly interrupting the Court proceedings while the Court was passing orders. 

This, undermines the dignity of the court and hinders the administration od justice, the order stated. 

“The act and conduct of the advocate tends to undermine the dignity of the Court and hinders the due course of judicial proceedings or administration of justice. The cumulative acts of the advocate would amount to undermine the dignity and majesty of the Court apart from interference with the court’s normal proceedings and procedures.”
In this regard, the Court directed the Registrar (Judicial) of this Court to take necessary steps to initiate suo motu criminal contempt proceedings against Advocate M.Veerabhadraiah under the Section 2(c) of the Contempt of Courts Act, 1971, by placing this order before the Karnataka High Court Chief Justice for appropriate orders. 

This shocking turn of events happened on February 5, after the Court dismissed of a plea by one, Annadurai, who sought to counter a caveat plea submitted on behalf of Bharat Electronics Limited (BEL). 

BEL's caveat petition had been filed on behalf of the company by its General Manager so that it may be notified of any case filed by the petitioner against BEL. However, the petitioner questioned who had the right to submit the caveat petition on behalf of BEL—the caveator or the GM. The petitioner's application was rejected by the High Court, along with a ₹10,000 cost – to be paid to the Karnataka State Legal Services Authority in four weeks. 

Then the Court asked the petitioner to argue on the main dispute on merits. In response, the lawyer raised his voice and threw the case files while objecting to the IA's dismissal. 

[Read Order]



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