Contempt of Court: Madhya Pradesh High Court slaps ₹4 lakh fine on lawyer for reckless complaints against judges

The Madhya Pradesh High Court on Wednesday imposed a fine of ₹4 lakh on a lawyer after finding him guilty of criminal contempt of court in four cases against him for making reckless complaints against judges. [In Reference vs Manoj Kumar Shrivastava].A division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra found that advocate Manoj Kumar Shrivastava had filed false complaints containing contemptuous, baseless and mischievous allegations against certain High Court judges. The Court observed that Shrivastava, as an advocate, was not merely an agent or servant of his client but also an officer of the court to which he owed a duty.“There can be nothing more serious than an act of an advocate if it tends to impede, obstruct or prevent the administration of law or it destroys the confidence of the people in such administration,” it added..The contempt proceedings were initiated in 2013 against Shrivastava in relation to a case filed by him in 2007 against a lecturer’s appointment at Vikram University. In 2012, the Court found he had made 14 complaints against the High Court judges at Indore Bench.The Court said the language used in at least four of those complaints or letters amounted to scandalizing and lowering the authority of the court, thus attracting the provisions of the Contempt of Courts Act.It further noted that Shrivastava had filed an application for impleading the judges as parties to criminal contempt petitions against him and had also sought a compensation of ₹50 lakh.“Filing of applications for making Hon’ble Judges a party to these criminal contempt proceedings and further claiming compensation itself goes to show the mindset of the respondent- accused and the manner in which he is conducting the proceedings,” the High Court said..The Court opined that being an advocate and officer of the court, Shrivastava should be aware of the language to be used in applications or complaints and how to appear and argue before the Court.Consequently, the Court rejected his application for the impleadment of judges. Referring to the lawyer's prayer for compensation, the Court opined that it was futile to consider such a prayer until and unless the contempt proceedings were dropped in all cases against him.The order also recorded that Shrivastava did not apologize for his acts. “Rather in an aggressive manner, he submits that he has already filed reply and applications that may be considered. He does not want to argue anymore,” the Court observed before proceeding to decide the matter on merits.Concluding that even an attempt to scandalize or lower the authority of a court would fall under the definition of criminal contempt, the bench found Shrivastava guilty in four cases although it dropped charges in three other cases..Taking note of the lack of apology by the lawyer, the Court proceeded to punish him with a fine of ₹4 lakh. “The respondent-contemnor is directed to deposit the fine of Rs.4,00,000/- (Rs.1,00,000/- each on complaints dated 25.07.2011, 21.08.2012, 24.08.2012 and 25.09.2012) with the M.P. High Court Bar Association within a period of one month from the date of the pronouncement of this order," the bench directed.In case of failure to deposit the amount, the Court said that Shrivastava would have to suffer jail time for one month each for each complaint against him.Advocate Pushpendra Yadav appeared as amicus curiae. Manoj Kumar Shrivastava appeared in person..[Read Judgment]