The Madhya Pradesh High Court recently reprimanded a lawyer for making submissions that suggested only accused persons represented by senior advocates are granted bail. The court observed that such remarks questioned the fairness of the judiciary and could amount to contempt, according to a report by Bar and Bench.
Court's Strong Objection
Justice Ramkumar Choubey, while hearing a bail application on May 6, took serious objection to the arguments made by advocate Saini. The lawyer allegedly argued that in similar cases under the Essential Commodities Act, bail had been granted only when the accused were represented by senior advocates. He further suggested that denying relief to his client merely because his counsel was a 'junior advocate' would not be appropriate.
The bench observed that such statements attributed 'extraneous considerations' to judicial functioning and undermined the dignity of the high court. The court directed the counsel to place on record any orders supporting his allegation that bail was routinely granted only to clients represented by senior lawyers.
Apology and Caution
In its observations, the bench said the submissions appeared derogatory and could invite contempt proceedings. However, when the matter was taken up again on May 8, advocate Saini tendered an unconditional apology before the court. He clarified that he was neither aware of nor in possession of any such orders and stated that his earlier remarks were largely based on an order passed by a co-ordinate bench in another matter.
Taking note of the apology, Justice Choubey decided not to initiate contempt proceedings against the counsel. The court, however, cautioned him to remain conscious of the sanctity of judicial proceedings and to exercise restraint while making submissions before the bench.
'Considering the aforesaid, when Shri Saini tendered his apology, this Court is not inclined to initiate contempt proceeding against him, however, cautioning him to remain conscious of the sanctity of judicial proceedings and to be specific and circumspect while making submissions before this Court,' the judge said.
