RAJIV K. GARG AND ORS.versusSHANTI BHUSHAN AND OTHERS

A                         RAJIV K. GARG AND ORS.
                                        v
                     SHANTI BHUSHAN AND OTHERS

                               OCTOBER 20, 1994

B             [ 1\1.N. VENKATACHALIAH, CT, A.M. AHMADI
                          AND KULDIP SINGH, JJ.]

         CRIMINAL CONTEMPT-Some members of legal profession, taking
  active part in Sub-Committee on Judicial Accountability, permitted themselves
C some statements and utterances against Judges and Judicial System-Conduct
  deprecated-However, in larger interest of Bar itself, suo motu initiation of
  proceedings for criminal contempt not considered appropriate.

          This petition has been filed for suo motu initiation of proceedings
    for contempt against the respondents who are members of the legal
D profession. A Committee of lawyers called "Sub-Committee ou Judicial
  , Accountability" came to be formed in which the respondents took an active
    part and pe~itted themselves some statements and utterances against
    Judges and the judicial system. Certain statements attributed to them were
    the subject 111atter of the proceedings for initiation of proceedings of
E contempt against the respondents.
          Dismissing the petition, this Court

           HELD : 1.1 It Is a matter of deep regret that there should have been
    any cause fot such an unfortunate controversy. While the concern of the
F   'Sub-committee on Judicial Accountability', for maintenance of purity in
    the administration ofjustice, probity and rectitude of conduct, both private
    and public, of the Judges is understandable, (however), the means by which
    such objectives are achieved, should be consistent with and conform to
    permissible legal and constitutional means and limitation. It would be a
G   great pity if the activities of such a body of persons, imbued with high and
    laudable motives, do things which incur the criticism that their actions
    have overstepped the limits of law and propriety or that they have become
    selective. The point to emphasise is that the corrective measures should not
    themselves be incorrect and that such efforts at ensuring the maintenance
    of judicial standards must themselves conform to highest standards of
H   dignity and propriety. Agitational stances, in the ultimate analysis, become
                                        642
                    R.K GARG v. SHANTI BHUSHAN                         643

counter productive and detract from the main objectives. In the ultimate A
analysis nothing enduring can be achieved by measures which are unin-
formed by propriety, dignity and good grace. Justice is the most precious
concern of mankind. Its achievement through judicial institutions and
processes is, at once, sensitive and fragile. The delicate balance is to be
maintained by concerted and devoted efforts both by the Bench and the bar. B
However deep their comniitment to the cause of purity in the administra-
tion of jnstice, members of the Bar cannot disregard propriety. The aver-
ments made in this petition indicate that perhaps, at some stage, the mies
of the game were forgotten. Respondents will, no doubt, realise that indig-
nation, however righteous, should no be susceptible to the perception that
it bas become riotous indignation. (645-E]                                  C

       1.2 However, it is not appropriate in the larger interest of the Bar
itself to suo-motu initiate proceedings for criminal contempt against the
respondents. (645-F]

       CRIMINAL ORIGINAL JURISDICTION                  Contempt Petition      D
(Crl.) No. 4 of 1992.

      Under Section 15 of the Contempt of Courts Act, 1971.

      Rajiv K. Garg, Adv.-In-person and R.S. Sodhi for the Petitioners.
                                                                              E
      Dipankar Gupta, Solicitor General, Ms. A. Subhasbini, Ms. Niran-
jana Singh, Anil Srivastava and Sunil Kr. Singh for the Respondents.

      The following Order of the Court was delivered :

      In this petition for suo motu initiation of proceedings for contempt    F
against the respondents, the petitioners, who are the members of the legal
profession, express their concern over the manner in which certain slec-
tions of the Bar, in particlllar the respondents, have permitted themselves
some statements and utterances against judges and the judicial system.
Annexures I, II, III and III-A are said to contain rep.arts and statements    G
of the first respondent and the same are referred•to as evidence of a trend
which, if permitted, would seriously impair the public image of and scan-
dalise the judicial system.

       These proceedings are the fall-out of certain events that culminated
in initiation of proceedings for the removal of a sitting Judge. A Committee H
    644                    SUPREME COURT REPORTS [1994) SUPP. 4 S.C.R.

A of lawyers called "Sub-Committee on Judicial Accountability" came to be
    formed in which the respondents, who are also the members of the legal
    profession, took an active part. Certain statements attributed to them are
    the subject matters of the present proceedings for initiation of proceedings
    of contempt against them. The allegations in the petition are "that the
    members of the legal profession who arc members of the so-called Sub-
B
    Committee on Judicial Accountability ......... are using the legal profession
    as a shield and committing the grossest criminal contempt and that this
    Hon'ble Court must ....... take a serious note of this matter ............. ".

             It is also averred :
c               "..... If this Hon'ble Court, on the basis of the facts as already
            stated hereinabove, finds that the respondents even if found guilty,
            may not be punished, which, of course, is the prerogative of this
            Hon'ble Court, the natural consequence would be that others with
            the same motivation will be equally emboldened to attack the
D           ll)embers of this great Institution and that the very independence
            of the judiciary is at stake."

                "That if this Hon'ble Court allows such statements to be made
            and does not proceed in contempt, the foundations of this great
            Institution will be shattered. The petitioners before this Hon'ble
E
            Gour! represent a large section of the Bar and are extremely
            concerned with the independence of the judiciary. They are ex-
            tremely concerned that if acts which per se amount to grossest
            c;riminal contempt are allowed to be condoned and this Hon'ble
            Court does not take immediate action in that regard, the purity of
F           the administratioin of justice would be the victim. It is, therefore,
            to protect this great Institution that the present petitioners are
            Jlloving this contempt petition, ....... "

                "It may also be mentioned that the members of the so-called
            ~ub-Committee on Judicial Accountability and in particular the
G           ~espondents, are misusing their privilege as advocates entitled to
            practice before this Hon'ble Court for the purposes of attaining
            certain partisan ends. The attempts of the respondents in appear-
            ing before this Hon'ble Court in their robes and espousing their
            cause as litigants tend to scandalise the Court and interfere with
H           ~ue course of justice.
                                   11
                    R.K. GARG v. SHANTI BHUSHAN                          645

       We have heard learned counsel. It is a matter of deep regret that A
there should have been any cause for such an unfortunate controversy.
While the concern of the 'Sub-Committee on Judicial Accountability' for
maintenance of purity in the administration of justice, probity and rectitude
of conduct, both private and public, of the Judges is understandable,
however, the means by which such objectives are achieved, should be
                                                                              B
consistent with and conform to permissible legal and constitutional means
and limitations. It would be a great pity if the activities of such a body of
persons, imbued with high and laudable motives, do things which incur the
criticism that their actions have over-stepped the limits of the law and
propriety or that they become selective. The point to emphasise is that the
corrective measure.s should not themselves be incorrect and that such C
efforts at ensuring the maintenance of judicial standards must themselves
conform to highest standards of diginity and propriety. Agitational stances,
in the ultimate analyses, become counter-productive and detract from the
main objectives. In the ultimate analyses nothing enduring can be achieved
by measures which are uninformed by propriety, dignity and good grace. D
Justice is the most precious concern of mankind. Its achievement through
judicial Institutions and processes is, at once, sensitive and fragile. The
delicate balance is to be maintained by concerted and devoted efforts both
by the Bench and the Bar. However deep their commitment to the cause
 of purity in the administration of justice, members of the Bar cannot
disregard propriety. The averments made in this petition indicate that, E
perhaps, at some stage the rules of the game were forgotten. Respondents,
will no doubt, realise that indignation, however righteous, should not be
susceptible to the perception that it has become riotous indignation.

      All the same, we think it is not appropriate in the larger interest of    F
the Bar itself to suo motu initiate proceedings for criminal contempt
against the respondents.

       We, accordingly, dec!iJ;te the prayer and dismiss the petition.

A.G.                                                      Petition dismissed.