A division bench of Justice AS Supehia and Justice MR Mengdey of Gujarat High Court on closed the contempt proceedings initiated against Senior Counsel Percy Kavina for using “unparliamentary” language against a sitting judge.
The senior counsel, during the hearing of a case told the judge who is sitting on the bench that “Arre sahab, kai toh sharam rakho (hey sir, have some shame).” Therefore, the contempt of court proceedings were initiated against him.
The bench said that an act that dents the magnificence or self-esteem of the institution goes unnoticed then it will be destructive to the rule of law. “If an act that dents the magnificence or self-esteem of the institution goes unnoticed, it will be destructive to the rule of law, and the institution will collapse”.
The bench further said that he should remember that lawyers play an important part in the administration of the justice and if any contumacious act has been committed in a court by a lawyer then it may not remain confined within the precincts of the institution but can travel beyond.
The bench noted that the senior counsel had apologised to the sitting judge Justice Devan Desai against who he has use unparliamentary language, hence, taking the said apology into account, the bench decided not to continue the contempt proceedings.
“We do not wish to carry the matter further, and we accept his unconditional apology. We hope that he maintains a dignified behavior before the court and does not repeat similar conduct since in the future we will not be so benevolent. We hope that wisdom prevails upon him, as this court will also be looking forward to his valuable contributions to the legal field”.