Supreme Court dismisses advocate’s plea against Jharkhand HC contempt notice
Ranchi/New Delhi, January 23: The Supreme Court on Friday dismissed the petition filed by advocate Mahesh Tiwari, who had challenged a criminal…
Mahesh Tiwari
Ranchi/New Delhi, January 23: The Supreme Court on Friday dismissed the petition filed by advocate Mahesh Tiwari, who had challenged a criminal contempt notice issued against him following a heated courtroom exchange with Jharkhand High Court Justice Rajesh Kumar last year.
A bench headed by Chief Justice of India Surya Kant declined to interfere in the High Court’s proceedings and made strong observations on the advocate’s conduct.
“He wants an order from the Supreme Court to show ‘kya bigaad liya mera’,” the Chief Justice remarked, indicating that the plea appeared to be driven by defiance rather than remorse.
Top Court Advises Apology
The Supreme Court observed that if the advocate wished to apologise, he should do so sincerely.
“If he wants to apologise, he should apologise. If he wants to show his eyes to the judges, then he may go ahead. We are sitting here, and we will also see then,” the court said.
At the same time, the apex court asked the Jharkhand High Court to take a sympathetic view if the advocate tenders an apology.
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How the Dispute Began
The contempt proceedings stem from an incident on October 16 last year during a hearing in Justice Rajesh Kumar’s court. A video of the altercation between the judge and the advocate later went viral.
Mahesh Tiwari was appearing for a widow whose electricity connection had been disconnected due to pending dues of ₹1.30 lakh. He submitted that his client was willing to deposit ₹25,000 to restore the connection.
Justice Kumar cited judicial precedent requiring a 50 per cent deposit of the outstanding amount. The matter was resolved after Tiwari agreed to a ₹50,000 deposit.
Altercation After Case Disposal
The exchange escalated after the case concluded, when Justice Kumar reportedly made remarks on the manner in which the advocate argued.
The court asked the Chairman of the Jharkhand State Bar Council, present in the courtroom, to take note of the advocate’s conduct.
Tiwari then approached the bench, pointed towards the judge, and said that he would argue in his own way and asked the judge “not to cross the limit.”
Justice Kumar responded that the advocate could not accuse the court of doing injustice.
Tiwari denied making such a statement and requested the judge to verify the live video recording, claiming that another lawyer had used the words in question. He also referred to his 40 years of legal practice before leaving the courtroom.
High Court Took Suo Motu Cognisance
A five-judge full bench of the Jharkhand High Court, headed by then Chief Justice Tarlok Singh Chauhan, later took suo motu cognisance of the incident and issued a criminal contempt notice to Mahesh Tiwari.
The bench comprised:
- Chief Justice Tarlok Singh Chauhan
- Justice Sujit Narayan Prasad
- Justice Rangan Mukhopadhyay
- Justice Ananda Sen
- Justice Rajesh Shankar
The Supreme Court’s refusal to interfere means that the criminal contempt proceedings in the Jharkhand High Court will continue.
