The Allahabad High Court recently fined an advocate ₹10,000 for persisting in arguing his client's case despite the Court's rejection of the bail plea.
Justice Krishan Pahal noted that the counsel for the applicant not only persisted in arguing the case after the order was issued but also caused a disturbance and disrupted the proceedings.
The Court considered the lawyer's behavior as criminal contempt of court, undermining the authority and decorum of the judicial process.
However, the Court refrained from initiating contempt proceedings against the lawyer, stating,
“Justice underscores the dual responsibilities of Advocates in a Court of Law. While they must diligently represent and look after the interests of their clients, they also have an onerous duty to maintain a respectful and conducive environment in the courtroom. Advocates should assist the Court rather than cause disruptions, ensuring that the proceedings are orderly and respectful, which ultimately upholds the dignity of the judicial process.”
The Court was hearing the bail application of an accused who allegedly raped a woman after blackmailing her with a video he had secretly taken of her bathing. According to the prosecution, he continued to blackmail the victim by recording further encounters of their physical relationship.
The applicant’s counsel claimed that the victim falsely implicated his client and had demanded money from him. He further argued that there was no forensic report to corroborate the prosecution's story and that the applicant had no prior criminal record.
The Court, however, noted that the incriminating video had been recovered from the applicant’s phone and had been sent for forensic analysis. Consequently, the Court rejected the bail application and directed the trial court to expedite the pending case.
The Court went on to berate the lawyer for continuing to argue the case after the order had been passed, stating:
"The said attitude of the counsel for the applicant is deprecated and a cost of Rs.10,000/- is imposed to be deposited in the account of High Court Legal Services Authority, within a period of 15 days from today."
Advocate Arun Kumar Tripathi appeared for the bail applicant, while Government Advocate R P Patel represented the State.
Website designed, developed and maintained by webexy