Unconditional apology in a criminal contempt matter should not be a calculated strategy to avoid punishment

Supreme Court: The Supreme Court dismissed an appeal in the matter of contempt of court holding that unsubstantiated aspersions against the judges of High Court especially by a member of the Bar 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.

In the present case the appellant, who is a practicing lawyer, in application to the  Chief Justice of Allahabad High Court alleged three judges of the Allahabad High Court of forming a clique with a practising senior advocate and passing any order at his behest but later submitted an unconditional apology after a show cause notice was issued to him as to why the criminal contempt proceedings be not initiated against him under the provisions of the Contempt of Courts Act, 1971. Rejecting the apology of the appellant, the bench of B.S. Chauhan and Dr. A.K. Sikri, JJ held that apology should be bona fide and not a calculated strategy to avoid punishment. Bal Kishan Giri v. State of U.P., Criminal Appeal No. 555 of 2010, decided on May 28, 2014

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