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Calcutta High Court Judge Initiates Contempt Proceedings Against attorneys Upholding Judicial Authority and Responsibility

Posted on 9 June 2023 By bdm@aartisto.com No Comments on Calcutta High Court Judge Initiates Contempt Proceedings Against attorneys Upholding Judicial Authority and Responsibility

Calcutta High Court Judge Initiates Contempt Proceedings Against attorneys Upholding Judicial Authority and Responsibility

This bold move by the judgelately, Calcutta High Court Judge Sanjib Banerjee initiated  disdain proceedings against four  attorneys who had filed a writ  solicitation before the court. serves as an important  memorial that judicial authority and responsibility must be upheld in all circumstances. The  disdain proceedings were aimed at  inhibiting  similar  geste  from  being in the future. It’s a clear sign that the bar won’t tolerate any kind of discourteous conduct towards its judges.

  1.The data of the case  In a recent incident

Calcutta High Court Judge, Justice Tapabrata Chakraborty, initiated  disdain proceedings against a group of  attorneys who had allegedly  cried  taglines and hurled abuses inside the courtroom. The incident  passed while the judge was delivering a verdict in a case related to the West Bengal panchayat  pates.

The  attorneys were reportedly agitated over the court’s decision to quash nominations of several  campaigners belonging to the ruling party. The commotion  disintegrated the proceedings of the court and averted the judge from reading out his verdict.

As a result, the judge was forced to  recess the  hail and order the  junking of the unruly  attorneys from the courtroom.  The incident was a clear violation of the court’s  form and the judge took a stern  station against the misconduct of the  attorneys.

Justice Chakraborty exercised his powers under the disdain of Courts Act, 1971 and initiated  disdain proceedings against the errant  attorneys.

This move was aimed at upholding the authority of the bar and maintaining the  quality of the court.  disdain of court is a serious offence and can lead to  discipline of imprisonment and  forfeiture. It’s considered as a direct challenge to the bar and its power to uphold the rule of law.

In this case, the judge took a strong  stage against the unruly  geste  of the  attorneys and  transferred a communication that  similar acts of defiance won’t be  permitted.  The incident has  stressed the need for lesser responsibility and discipline among legal professionals. It’s important that  attorneys maintain a high  position of professionalism and  form while appearing before the court.

Any act of misconduct can’t only  peril their own careers but also undermine the integrity of the bar and its capability to deliver justice.

2.The law on  disdain of court  disdain of court

is a legal conception that refers to any action that defies or disobeys the authority of a court. In India,  disdain of court is punishable under the disdain of Courts Act, 1971. Contempt Proceedings can be initiated either suo moto by the court or on the complaint of the affected party.

There are two types of  disdain civil and felonious. Civil  disdain involves the  defiance of a court order or judgment, while felonious  disdain involves any act that interferes with the administration of justice,  similar as  dismembering court proceedings or publishing  scandalous statements about the bar.

The consequences of being  set up  shamefaced of  disdain can be severe, including imprisonment,  forfeitures, or disbarment.

The purpose of  disdain proceedings is to uphold the authority and integrity of the bar and  insure that justice is served without  interference or  hindrance.

In the case of the Calcutta High Court Judge initiating  disdain proceedings against  attorneys, the judge was upholding the authority and responsibility of the bar by  icing that  attorneys  stuck to the ethical  norms of the legal profession and didn’t  discourteousness or defy the court

3.The High Court’s judgment  In its judgment

the Calcutta High Court upheld the judicial authority and responsibility of the court by initiating  disdain proceedings against two  attorneys who had allegedly made  depreciatory and  scandalous  reflections against a sitting judge of the court.

The court  set up that the  reflections weren’t only in bad taste but also attacked the integrity and character of the judge and the institution of the court.

The court  stressed the  soberness of  disdain of court and stated that it was the duty of every citizen to uphold the  quality and respect of the bar. The court also observed that the freedom of speech and expression wasn’t absolute and couldn’t be used as a  guard to make  depreciatory and  scandalous  reflections against judges or courts.

The court further stated that  attorneys, being officers of the court, had a lesser responsibility to maintain the  quality and respect of the bar and to  insure that the court’s authority wasn’t undermined in any way.

The court held that the conduct of the two  attorneys amounted to felonious  disdain of court and directed them to show cause why they shouldn’t be  penalized for the same.  The judgment reaffirmed the  significance of the bar in upholding the rule of law and maintaining the integrity of the legal system.

It also served as a warning to those who might seek to undermine the authority and character of the bar by making  depreciatory and  scandalous  reflections against judges or courts.

4.The counter accusations  of the judgment

The judgment of the Calcutta High Court Judge in initiating Contempt Proceedings against  attorneys is a significant step in upholding judicial authority and responsibility.

It sends a strong communication that no bone is above the law and that the bar won’t tolerate any attempt to  intrude with its functioning or undermine its authority.

The judgment is also a  memorial that  attorneys have a duty to uphold the law and to admire the courts. They can not engage in misconduct, use  vituperative language, or make false allegations against judges without facing consequences. The  inauguration of  disdain proceedings against  attorneys who engage in  similar  geste  will serve as a  interference to others and help maintain the integrity and independence of the bar.

also, the judgment highlights the  significance of  icing that judicial responsibility is upheld. The bar must be  suitable to  serve without fear of  hindrance or  retribution, and  disdain proceedings serve as a tool to  guard its independence.

The judgment sets an  illustration for other courts to follow and shows that the bar is committed to  guarding its  indigenous  part and authority

 Conclusion:

The Calcutta High Court’s decision to initiate  disdain proceedings against  attorneys is a strong communication to the legal community about upholding judicial authority and responsibility.

The judgment reinforces the principle that the rule of law is consummate and that  nothing is above it, not indeed  attorneys.

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