Excelsior Correspondent
Srinagar, Apr 30: High Court today issued show cause notice to a lawyer for lowering down the prestige of institution of judiciary by using contemptuous language against judges during proceeding of a criminal appeal.
A Division Bench of High Court comprising Justice M H Attar and Justice A M Magray, while issuing show cause notice to advocate Mushtaq Ahmad Dar said: “We put the counsel on notice and ask him to show cause as to why he be not punished for having committed contempt of court that too in the face of court.”
DB has also issued a show cause notice to him for considering suspension of his license. “The counsel to further show cause as to why case may not be referred to State Bar Council for considering suspension of his license”, the order reads.
The court was hearing criminal appeal of Gulzar Ahmad Bhat, who is facing rape charge. Today during the hearing of the appeal, Mushtaq Ahmad Dar extensively read the statement of prosecution witnesses No. 1, to highlight the contradiction, omission which as per his wisdom appeared in the statement. He, while continuing his arguments submitted that IO of the case in his statement before the Trial court has stated that one male Magistrate and a Female Magistrate were sitting in one Chamber and recorded the statement of the prosecution witnesses U/S 164A CrPC. He submitted that male Magistrate told the lady Magistrate that some statements will be recorded by him and some by her. At this stage counsel stated: “This is the state of Judiciary in the State”.
The Court took serious objections to the statements made by advocate Dar and informed him that it has effect of scandalization and lowering down the prestige of the Institution of Judiciary in the eyes of general public.
At that time when the counsel made statement, host of lawyers were sitting in the court room. The people were sitting and standing in the court room which was totally jampacked. The counsel was told that he should have not made such scathing statement which has the effect of scandalizing the State Judiciary and that he will be proceeded against.
Advocate Dar stated that he has made reference to the statement of the IO. However, the IO has not used any such words in his statement.
“The counsel did not show any remorse of having used words, expressions which have the potential of scandalizing and lowering down prestige of the court in the eyes of general public by his word and also by his conduct”, court observed.
“This Court is duty bound to protect the judges of the subordinate courts from being harassed and comments being made about their conduct in the discharging of their judicial functions. Court is duty bound to protect the majesty of law and uphold the dignity of the courts”, observed DB.
“It is always painful to initiate contempt proceedings against any person. But at times such painful decisions require to be taken to preserve and maintain the majesty of the courts and rule of law”, observed DB.
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