Senior Attorney Percy Kavina was charged with suo motu contempt of court on Monday by the Gujarat High Court for speaking in an "unparliamentary" manner about a High Court judge who is now sitting.

On July 7, Kavina used 'disparaging remarks' towards Justice Devan Desai while arguing a case on hold since 1979.

In its order, a Division Bench of Justices AS Supehia and MR Mengdey observed that it had begun suo motu proceedings against the senior attorney.

"The senior counsel used unparliamentary language by saying 'arre sahab, kai toh sharam rakho' (hey sir, have some shame). Apart from using the expressions above, we have also found that he used disparaging language against the single judge, which has lowered the majesty and dignity of this institution."

On Monday morning, while the judges were dictating the order, Kavina pleaded with them not to begin the procedures but rather to give him a chance to speak with Justice Desai and offer unequivocal apologies for the language used.

“A lot of back history exists in the case. If I used intemperate language, I can say that after these proceedings commence, I will not have anything to say unless I try to justify my conduct. Therefore, I urge that before commencing these proceedings in a formal fashion, if an informal solution is possible, I would rather request your lordship to explore that and permit me to approach the concerned judge to tender my unconditional apology," Kavina submitted.

As a result, the Bench gave Kavina permission to approach Justice Desai and apologize.

The Senior Advocate then went to the bench of Justice Desai and expressed his unequivocal regret for using the language on July 7.

Justice Desai considered Kavina's apologies, but he did not indicate in his ruling whether or not he accepted it.

"This Court is of the opinion that what happened on July 7, should not have happened and the words used by senior counsel Percy Kavina were derogatory. Since the proposed suo-motu Contempt proceedings have not yet commenced, the senior counsel may request the concerned Division Bench for seeking an unconditional apology," Justice Desai said in his order passed on July 10.

The Division Bench began the contempt of court proceedings against Kavina since it was unclear whether Justice Desai had accepted his apologies.

On July 17, the subject will be heard again.

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