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 on behalf of his client.In an order passed on February 5, Justice KS Hemalekha recorded that the applicant's lawyer threw his files and made harsh and derogatory comments against the Court while adding that he was "not bothered about the consequences.""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," the Court opined.The judge observed that the Court had noticed rude behaviour on the lawyer's part on several occasions but had ignored his arrogance and accommodated his presence before the Court earlier.Justice Hemalekha concluded that all of this warranted the initiation of contempt of court proceedings against the lawyer in question, advocate M Veerbhadraiah.In particular, the Court cited the following instances of objectionable conduct by the lawyer.
"(i) Misbehavior: Throwing his files ghastly in dismay after rejection of IA 1/2022;
(ii) Arrogance: Using singular language towards the Bench with a directive voice and in spite 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.
(iii) 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.No. 1/2022.
(iv) Violation of Court Rules: Constantly interrupting the Court proceedings while the Court was passing orders."
The controversial episode took place on February 5 after the Court dismissed an application filed by one Annadurai (petitioner) to oppose a caveat plea filed on behalf of Bharat Electronics Limited (BEL).
BEL's caveat petition had been filed on behalf of the company by its General Manager (HR) so that it may be notified of any case filed by the petitioner against BEL.
The petitioner, however, questioned whether the GM (HR) or the caveator had the authority to file the caveat petition on behalf of BEL.
On February 5, the High Court dismissed the petitioner's application (IA) with a cost of ₹10,000 payable to the Karnataka State Legal Services Authority within four weeks.
Having done so, the Court asked the petitioner/ applicant's lawyer to argue on the main dispute on merits.
In response, the lawyer is said to have raised his voice and thrown the case files while objecting to the IA's dismissal, inviting censure from the Court.
"He threw the files aghastly (sic) 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'," Justice Hemalekha recorded in her order.
The Court added that the lawyer had filed several applications to consistently protract the main dispute before the High Court as well, "which is evident from the order sheet."
Therefore, the judge ordered the Registrar (Judicial) of the High Court to take necessary steps to initiate suo motu criminal contempt proceedings against the advocate M Veerabhadraiah under Section 2(c) of the Contempt of Courts Act, 1971.
To this end, Justice Hemalakha ordered that her order be placed before the High Court's Chief Justice for appropriate orders.
A copy of the order was also directed to be sent to the President of the Karnataka State Bar Council.
TAGS: Karnataka High Court Contempt of Court Lawyer Courtroom Outburst Judge Dismissal of Application Dignity of the Court
