BOMBAY HIGH COURT: LAWYERS WHO SIGN PLEADINGS WHICH 'SCANDALIZE' COURTS WITHOUT EXISTENCE OF ADEQUATE GROUNDS CAN BE HELD LIABLE FOR CONTEMPT

The Bombay High Court in the case observed and has held that an advocate who signs an application or pleading with scandalous remarks against the Court which being without reasonable grounds to create an artificial situation so that the matter was recused by a judge may be liable for a contempt action.

The court in the case issued the contempt notice against the client of two lawyers.

The Division bench comprising of Justice Nitin Sambre and Justice NR Borkar in the case observed that in conflict between a lawyer’s obligations to the Court and his duty to the client, what prevails first is his obligation to the Court.

The court stated that it is the duty of an advocates to advise their clients to refrain from making allegations of such nature. The court also referred to the Supreme Court judgement in the case M.Y. Shareef & Another Versus The Hon’ble Judges of the High Court of Nagpur and Others.

In the present case, the division bench was dealing with the praecipe (application to circulate the matter) filed through Advocate Zo-