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REPORTABLE

IN THE SUPREME COURT OF INDIA  CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 555 OF 2010

Bal Kishan Giri                                          …Appellant

Versus

State of U.P.                                                              …Respondent  

J U D G M E N T

Dr. B.S. Chauhan,J.

1. In this  appeal,  impugned judgment  and order  dated 5.2.2010  

passed  by the High Court  of  Judicature  at  Allahabad in Contempt  

Application  (Crl.)  No.  15  of  2009,  by  which  the  appellant  stood  

convicted for committing criminal contempt under the provisions of  

Contempt of Courts Act, 1971 (hereinafter referred to as the ‘Act’)  

and sentenced to undergo simple imprisonment for one month and to  

pay  a  fine  of  Rs.20,000/-  and  in  default  to  undergo  simple  

imprisonment for two weeks, has been assailed.

2. Facts and circumstances giving rise to this appeal are that:

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A. An  FIR  was  lodged  in  P.S.  Baleni,  District  Baghpat  on  

23.5.2008 by Anil  Kumar,  appellant  in  connected Criminal  Appeal  

No.  686  of  2010  alleging  that  his  younger  brother  Sunil  Kumar  

alongwith Puneet Kumar Giri, who were residing in Sitaram Hostel of  

the Meerut College, were not traceable and went missing the previous  

evening.  Another inmate of the same hostel Sudhir Kumar was also  

reported untraceable. The very next day, three dead bodies of the said  

missing persons were found on the banks of river Hindon. A  criminal  

case was therefore registered.  

B. During  investigation,  it  came  to  the  notice  of  the  police  

authorities  that  the  place  of  occurrence  fell  within  the  territorial  

jurisdiction of P.S. Kotwali, Meerut, and thus investigation on being  

transferred to P.S. Kotwali, Meerut, the case was registered as Case  

Crime No.190/2008.  

C. During investigation, many accused persons including one Haji  

Izlal were arrested. They moved bail applications before the Meerut  

Distt. Court which stood rejected. Aggrieved, all the accused persons  

filed bail applications before the High Court of Allahabad. It was on  

14.8.2009  during  the  pendency  of  the  said  applications  that  the  

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appellant  submitted  an  application  to  the  Hon’ble  Chief  Justice  of  

Allahabad High Court alleging that the accused therein were gangsters  

and had accumulated assets worth crores of rupees by their criminal  

activities. The accused persons were closely related to a local M.L.A.  

and Ex. M.P. and they had links with the Judges of the High Court  

including Mr. Justice S.K. Jain who had earlier served as a judicial  

officer in Meerut Court. The appellant expressed his apprehension that  

Mr. Justice S.K. Jain would favour the accused persons to get bail. A  

copy of the said complaint was also sent to the Chairman, Bar Council  

of U.P.

D. The High Court examined the complaint and placed the matter  

on the judicial  side on 12.11.2009. The court  issued a  show cause  

notice  dated  14.8.2009  to  the  appellant  as  to  why  the  criminal  

contempt  proceedings  be  not  initiated  against  him  under  the  

provisions of the Act.  

E. The  appellant  submitted  an  unconditional  apology  dated  

21.11.2009 submitting that the application was sent by him as he had  

been misguided by the advocates of District Meerut and he was in  

great mental tension as his nephew had been murdered.   

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F. The  High  Court  after  completing  the  trial  convicted  the  

appellant  vide  impugned  judgment  and  order  dated  5.2.2010  and  

awarded the sentence as referred to hereinabove.  

Hence, this appeal.  

3. Mr.  J.M.  Sharma,  learned  senior  counsel  appearing  for  the  

appellant  has  submitted  that  the  show  cause  notice  was  not  in  

consonance with the provisions of Chapter XXXV-E, Rule 6 of the  

Allahabad  High  Court  Rules,  1952  (hereinafter  referred  to  as  the  

Rules). Thus, all subsequent proceedings stood vitiated. More so, the  

appellant is a practicing advocate and had written the said complaint  

under  a  mental  tension as his  nephew had been murdered,  and on  

being  misguided  by  the  advocates  of  the  Meerut  Court.  Once  the  

appellant  has  tendered  an  absolute  and  unconditional  apology,  

punishment was not warranted and fine imposed therein is contrary to  

the statutory provisions of the Act. Thus, the appeal deserves to be  

allowed.  

4. Per contra, Mr. Irshad Ahmad, learned counsel appearing for  

the  State  has  opposed  the  appeal  contending  that  very  wild  and  

scandalous  allegations  had  been  made  by  the  appellant  not  only  

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against  one  judge  but  against  various  judicial  officers  and  merely  

tendering an apology is not enough. As the appellant had accepted that  

he had written the letter and also owned its contents,  and filed the  

reply to the show cause notice issued to him, even if, the statutory  

rules have not been complied with, the order would not stand vitiated.  

The appeal lacks merit and is liable to be dismissed.  

5. We  have  considered  the  rival  submissions  made  by  learned  

counsel for the parties and perused the record.  

6. The relevant part of the complaint filed by the appellant reads  

as under:  

“4. That Akhalakh family have good connection with  all judges posted at Meerut. Hon. Mr. Justice S.C. Nigam  was posted in Meerut in the year 1981 to 1984 and 2002- 03 on the posts of Addl. Civil Judge/A.C.J.M. and Addl.  District & Sessions Judge respectively. Hon. Justice Mr.  S.K. Jain was also posted at Meerut as Additional District  & Sessions Judge in 2002-03.

5. That all the Hon. Justices V.K. Verma, S.K. Jain  and  S.C.  Nigam  have  been  promoted  as  High  Court  Judges  from the cadre of  District  Judges.  Hon.  Justice  Mr.  S.K.  Jain  and  Hon.  Justice  S.C.  Nigam remained  posted in Civil Court Meerut as Additional District Judge  together  in  the  year  2002-03 and have  been promoted  from Meerut  Judgeship  to  the  cadre  of  District  Judge.  They  are  very  good  friends.  Hon.  Mr.  Justice  V.K.  Verma  also  has  very  good  intimacy  with  them.  They  have  made  a  caucus  with  V.P.  Srivastava,  Senior  

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Advocate  of  Allahabad  High Court  for  granting  major  bails  to  known accused in  criminal  cases  illegally  and  with ulterior motives.  

Hon. Justice V.K. Verma has granted bails to two  accused namely Rizwan and Wassim in aforesaid famous  triple murder case of Meerut in bail application No.924  of 2009 and 1238 of 2009 on 17.7.2009 illegally and with  ulterior motives.”      

7. The appellant/complainant further expressed his apprehension  

of having no confidence and faith in any of the three Judges of the  

Allahabad High Court as they could pass any order at the behest of  

Shri V.P. Srivastava, Senior Advocate.   

In sum and substance, the offending part of the allegation had  

been as under:  

(1)  Akhlaq  had  good  relations  with  Mr.  Justice  S.C.  Nigam from the date since he was posted at Meerut on  three  terms,  (2)  that  justice  V.K.  Verma  had  good  intimacy with the family of the accused and the accused  have  made  a  clique  alongwith  one  V.P.  Srivastava,  Senior Advocate of Allahabad High Court for procuring  major  bails  illegally  and  with  ulterior  motives.  Mr.  Justice  V.K.  Verma  has  admitted  bail  to  two  accused  namely  Rizwan  and  Wasim illegally  and  with  ulterior  motives.  The three Judges (V.K. Verma, S.K. Jain and  S.C. Nigam) may pass any order at the behest  of V.P.  Srivastava, Senior Advocate.              

8. The allegations made by the appellant against the 3 judges of  

the High Court are too serious, scandalous and, admittedly, sufficient  

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to undermine the majesty of law and dignity of court and that is too  

without any basis.  The appellant is a practicing advocate.  Plea taken  

by  him  that  he  had  been  misguided  by  other  advocates  is  an  

afterthought.  He must have been fully aware of the consequences of  

what  he has written.   The averment  to the effect  that  provisions of  

Chapter XXXV-E of the Rules had not been strictly observed remains  

insignificant  as  the appellant  had not  only admitted transcribing the  

complaint but also its contents.  The appellant had submitted the reply  

to the show cause notice issued by the High Court of Allahabad on the  

judicial side.  In such a fact-situation, even if, for the sake of argument  

it  is  accepted that the aforesaid Rules have not been complied with  

strictly, we are not willing to accept the case of the appellant for the  

reason that Mr. J.M. Sharma, learned senior counsel for the appellant  

could not show as to what was that material which was not considered  

by the High Court that had been put up as a defence by the appellant  

resulting in any miscarriage of justice.  

9. This  Court  in  M.B.  Sanghi,  Advocate  v.  High  Court  of  

Punjab and Haryana & Ors., AIR 1991 SC 1834, while examining a  

similar case observed :  

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“The foundation of judicial system which is based   on the independence and impartiality of those who man it   will  be  shaken if  disparaging  and derogatory  remarks   are  made  against  the  presiding  judicial  officers  with   impunity. It  is high time that we realise that the much   cherished judicial independence has to be protected not   only from the executive or the legislature  but also from   those  who  are  an  integral  part  of  the  system.  An   independent judiciary is of vital importance to any free   society”.

10.  In  Asharam M. Jain v. A.T. Gupta & Ors.  AIR 1983 SC  

1151, while dealing with the issue,  this Court observed as under:

“The  strains  and  mortification  of  litigation  cannot  be   allowed to lead litigants to tarnish, terrorise and destroy   the system of administration of justice by vilification of   judges.  It  is  not  that judges need be protected; judges   may  well  take  care  of  themselves.  It  is  the  right  and   interest of the public in the due administration of justice   that has to be protected.”

11. In  Jennison v.  Baker [1972]  1 All  E.R.  997,  1006,  it  was  

observed, “[T]he law should not be seen to sit by limply, while those  

who defy it go free, and those who seek its protection lose hope”

12.  The  appellant  has  tendered  an  absolute  and  unconditional  

apology which has not been accepted by the High Court.  The apology  

means a regretful acknowledge or excuse for failure.  An explanation  

offered  to  a  person  affected  by  one’s  action  that  no  offence  was  

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intended, coupled with the expression of regret for any that may have  

been given.  Apology should be unquestionable in sincerity.  It should  

be tempered with a sense of genuine remorse and repentance, and not a  

calculated strategy to avoid punishment

13. Clause  1 of  Section 12 of  the Act  and Explanation attached  

thereto  enables  the  court  to  remit  the  punishment  awarded  for  

committing  the  contempt  of  court  on  apology  being  made  to  the  

satisfaction of the court. However, an apology should not be rejected  

merely on the ground that it is qualified or tempered at a belated stage  

if the accused makes it bona fide. A conduct which abuses and makes  

a mockery of the judicial process of the court is to be dealt with iron  

hands and no person can tinker with it to prevent, prejudice, obstructed  

or interfere with the administration of justice. There can be cases where  

the  wisdom  of  rendering  an  apology  dawns  only  at  a  later  stage.  

Undoubtedly,  an apology cannot be a defence,  a justification,  or  an  

appropriate punishment for an act which tantamounts to contempt of  

court. An apology can be accepted in case where the conduct for which  

the  apology  is  given  is  such  that  it  can  be  “ignored  without  

compromising the  dignity  of  the  court”,  or  it  is  intended to  be  the  

evidence of real contrition.  It should be sincere. Apology cannot be  

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accepted  in  case  it  is  hollow;  there  is  no  remorse;  no  regret;  no  

repentance, or if it is only a device to escape the rigour of the law. Such  

an apology can merely be termed as “paper apology”.   

14. In L.D. Jaikwal v. State of U.P., AIR 1984 SC 1374, this court  

noted that it cannot subscribe to the 'slap-say sorry- and forget'  

school of thought in administration of contempt jurisprudence.  

Saying 'sorry' does not make the slapper poorer.  

(See also: T.N. Godavarman Thirumulpad v. Ashok Khot & Anr.,  

AIR 2006 SC 2007)

 So an apology should not be “paper apology” and expression of  

sorrow should come from the heart and not from the pen; for it is one  

thing to 'say' sorry, it is another to 'feel' sorry.

15. An apology for criminal contempt of court must be offered at  

the earliest since a belated apology hardly shows the “contrition which  

is the essence of the purging of contempt”.  Of course, an apology must  

be offered and that too clearly and at the earliest opportunity. However,  

even if the apology is not belated but the court finds it to be without  

real contrition and remorse, and finds that it was merely tendered as a  

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weapon of defence, the Court may refuse to accept it.   If the apology is  

offered at the time when the contemnor finds that the court is going to  

impose punishment, it ceases to be an apology and becomes an act of a  

cringing coward.  (Vide:  Debabrata Bandopadhyay & Ors.  v.  The  

State of West Bengal & Anr., AIR 1969 SC 189; Mulkh Raj v. The  

State of Punjab, AIR 1972 SC 1197; The Secretary, Hailakandi Bar  

Association  v.  State  of  Assam  &  Anr.,  AIR  1996  SC  1925;  C.  

Elumalai & Ors. v. A.G.L. Irudayaraj & Anr., AIR 2009 SC 2214;  

and Ranveer Yadav v. State of Bihar,  (2010) 11 SCC 493).

16. This Court has clearly laid down that an apology tendered is not  

to be accepted as a matter of  course and the Court is  not  bound to  

accept  the same.   The court  is  competent  to reject  the apology and  

impose  the  punishment  recording reasons  for  the  same.  The use  of  

insulting  language  does  not  absolve  the  contemnor  on  any  count  

whatsoever. If the words are calculated and clearly intended to cause  

any  insult,  an  apology,  if  tendered  and  lack  penitence,  regret  or  

contrition, does not deserve to be accepted. (Vide: Shri Baradakanta  

Mishra v. Registrar of Orissa High Court & Anr.,  AIR 1974 SC  

710; The  Bar Council of Maharashtra v. M.V. Dabholkar etc., AIR  

1976 SC 242; Asharam M. Jain v. A.T. Gupta & Ors., AIR 1983 SC  

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1151; Mohd. Zahir Khan v. Vijai Singh & Ors.,  AIR 1992 SC 642;  

In Re: Sanjiv Datta, (1995) 3 SCC 619; Patel Rajnikant Dhulabhai  

& Ors.  v.  Patel  Chandrakant  Dhulabhai  & Ors.,  AIR  2008  SC  

3016; and Vishram Singh Raghubanshi v. State of U.P., AIR 2011  

SC 2275).   

17. That  the  power  to  punish  for  contempt  is  a  rare  species  of  

judicial power which is by the very nature calls for exercise with great  

care  and  caution.   Such  power  ought  to  be  exercised  only  where  

“silence is no longer an option.”

(See: In re:  S. Mulgaokar AIR 1978 SC 727;  H.G. Rangangoud v.  

M/s State Trading Corporation of India Ltd. & Ors., AIR 2012 SC  

490; Maninderjit Singh Bittav. Union of India & Ors., (2012) 1 SCC  

273; T.C. Gupta & Anr. v. Hari Om Prakash & Ors., (2013) 10 SCC  

658; and Arun Kumar Yadav v. State of U.P. through District Judge,  

(2013) 14 SCC 127)

Power of courts to punish for contempt is to secure public respect  

and confidence in judicial process.  Thus, it is a necessary incident to  

every court of justice.

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18. Being a member of the Bar, it was his duty not to demean and  

disgrace the majesty of justice dispensed by a court of law. It is a case  

where insinuation of bias and predetermined mind has been leveled by a  

practicing lawyer against three judges of the High Court.   Such casting  

of bald, oblique, unsubstantiated aspersions against the judges of High  

Court not only causes agony and anguish to the judges concerned but  

also shakes the confidence of the public in the judiciary in its function  

of dispensation of justice.   The judicial process is based on probity,  

fairness  and  impartiality  which  is  unimpeachable.   Such  an  act  

especially  by members of  Bar  who are  another cog in the wheel  of  

justice  is  highly  reprehensible  and  deeply  regretted.   Absence  of  

motivation is no excuse.

19. In view of the above, we are of the considered opinion that the  

High Court has not committed any error in not accepting the appellant’s  

apology since the same is not  bona fide.  There might have been an  

inner impulse of outburst as the appellant alleges that his nephew had  

been murdered, but that is no excuse for a practicing lawyer to raise  

fingers against the court.   

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20. Section 12(1) of the Act provides that if the court is satisfied  

that  contempt  of  court  has  been  committed,  it  may  punish  the  

contemnor with simple imprisonment for a term which may extend to  

six months, or with fine which may extend to Rs.2,000/-, or with both.   

Section  12(2)  further  provides  that  “notwithstanding  anything  

contained in any other law for the time being in force, no court shall  

impose a sentence in excess of that specified in sub-section (1) for any  

contempt either in respect of itself or of a court subordinate to it.”    

Thus, the power to punish for contempt of the court is  

subject to limitations prescribed in sub-section (2) of the Act.  

21. Hence, in view of the above, the fine of Rs.20,000/- imposed on  

the appellant  by the High Court  by way of impugned judgment and  

order, is reduced to Rs.2,000/- and is directed to deposit the said fine  

forthwith.  

22. We find no force in the appeal which is accordingly dismissed.  

The  appellant  must  surrender  to  serve  out   the  sentence  forthwith,  

failing  which,  the  learned  Chief  Judicial  Magistrate,  Meerut,  would  

secure his custody and send him to jail to serve out the sentence.  A  

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copy  of  the  order  be  sent  to  the  learned  Chief  Judicial  Magistrate,  

Meerut, for information and compliance.  

....…….……………………..J.           (Dr. B.S. CHAUHAN)

                                        ....……………………………J.                                              (A.K. SIKRI)  

New Delhi,                                         May 28, 2014

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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 686 OF 2010

Anil Kumar                                                    …Appellant

Versus

State of U.P.                                                              …Respondent

J U D G M E N T

Dr. B.S. Chauhan,J.

In view of the judgment passed today in connected Criminal Appeal No.  

555 of 2010, this appeal is dismissed. However, the fine of Rs.20,000/- imposed  

on the appellant by the High Court by way of impugned judgment and order, is  

reduced to Rs.2,000/- and is directed to deposit the said fine forthwith.  

The appellant must surrender to serve out  the sentence forthwith, failing  

which, the learned Chief Judicial Magistrate, Meerut, would secure his custody  

and send him to jail to serve out the sentence.  A copy of the order be sent to the  

learned Chief Judicial Magistrate, Meerut, for information and compliance.

....…….……………………..J.           (Dr. B.S. CHAUHAN)

                                      .....……………………………J.                                             (A.K. SIKRI)                                 

New Delhi,                                         May 28, 2014

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