LexR.K. ANAND versus REGISTRAR, DELHI HIGH COURT
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[2009] 11 S.C.R. 1026 A R.K. ANAND :i.-- v. REGISTRAR, DELHI HIGH COURT (Criminal Appeal No. 1393 of 2008) B JULY 29, 2009 [B.N. AGRAWAL, G.S. SINGHVI AND AFTAB ALAM, JJ.] CONTEMPT OF COURTS ACT, 1971: ._ ~ c Sections 2, 3, 12, 14, 17: Hit and run case known as BMW case - Attempt to suborn a prosecution witness - Sting operation by a TV channel - High Court issuing Contempt Notices to Defence D Counsel (RK) and the Special Public Prosecutor (IU) who were seen .discussing with the Prosecution witness (K) in the sting operation - Not satisfied with the explanation of the t alleged 'contemnors', High Court held them viz. 'RK' and 'IU' guilty of committing contempt of court and in exercise of power under Article 215 of the Constitution of India, prohibited E them from appearing in the Delhi High Court and courts subordinate to it for four months - However, they were left free to carry on their professional work like consultations, advices, conference, opinion etc. - High Court also held that both the Advocates had forfeited their right to be designated as Senior ..; F Advocates and recommended to the Full Court to divest them ---- of the honour - Both the Advocates were also sentenced to fine of Rs.20001- each on appeal, Held: The authenticity and integrity of the sting recordings never disputed nor doubted by 'RK' - Therefore no requirement of any formal proof of the G sting operation - He was given fullest opportunity to defend himself - The sting recordings were rightly made the basis of conviction - Thus conyiction of 'RK' for contempt of court > ... is proper, legal and valid calling for no interference - However 'RK' did not show any remorse for his gross misdemenour and H 1026 R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1027 ----1 instead tried to take on the High Court by defying its authority A - Punishment given by High Court inadequate and incommensurate to the seriousness of his actions and conduct - He needs to be kept away from the portals of the court for a longer time - Accordingly, notice to be issued to him - Such a notice would also cure the defect in the High B Court order in debarring him from appearing in courts without giving any specific notice - There is no doubt that the -" exchanges between the proposed Prosecution Witness 'K' ~ and the Prosecutor 'JU' far crosses the limits of proper professional conduct of a prosecutor especially engaged to c conduct a sensational trial and a designated Senior Advocate of long standing - Thus the High Court rightly found that the conduct of 'IU' was inappropriate for a lawyer in general and a prosecutor in particular - But having regard to the charge of criminal contempt any suspicion however strong cannot D take place of proof - Hence it would not be wholly prudent to ~ rely upon the exchanges between 'K' and 'RK' to record a finding against 'IU' - On the basis of materials on record the change of criminal contempt cannot be held to be satisfactorily established against 'IU' and he is entitled to E benefit of doubt - Constitution of India, Articles 19, 227 and 235 - Administrative Law - Principles of Natural Justice. Issue of Notice - High Court issuing notices to the '"' Advocates only - Correctness of - Held: the stage of issue - of notices, the integrity, authenticity and reliability of the sting F recordings were wide open - In case the TV channel failed to establish the genuineness and correctness, it would have been equally guilty if not more of serious contempt of court and other criminal offences - Thus, if notice had been issued also to the TV Channel, there would have been no scope for G grievance that the High Court put the TV Channel on the ,, complainant's seat - Then perhaps the TV Channel would .,,.,, I have conducted itself in a more careful manner and the lapses noticed might not have occurred. H 1028 SUPREME COURT REPORTS [2009] 11 S.C.R. A CONSTITUTION OF IND/A, 1950: ,.._. Articles 227, 235 - Powers and duties of High Courts - Every failed trial is a negative comment on the State's High Court - It is high time that the High Courts assume a more 8 pro-active role in such matters - The powers are not confined only to posting, transfer and promotion of the officers of the subordinate judiciary - The power of control should also be exercised to protect them from external interference that may sometime appear overpowering to them and to suppor
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