A Calcutta High Court Division Bench directs advocate Firdous Samim to apologise before the judge concerned, and one report says contempt action may follow if he does not.
The Calcutta High Court on Wednesday expressed displeasure over Advocate Firdous Samim allegedly using objectionable slang against a judge after his plea was refused. A Division Bench of Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee held that such conduct by a member of the Bar could not be treated lightly, according to Bar & Bench.
LiveLaw reports that the Bench directed Samim to apologise before the concerned judge during live proceedings and to submit an undertaking that the conduct would not be repeated, failing which the Court may proceed with criminal contempt action. Bar & Bench reports that the Court said it will consider whether to continue contempt proceedings after he tenders an apology and a written undertaking before the judge concerned.
Samim was accused of using scandalous and unparliamentary language during a hearing on July 23. In a July 30 order, the High Court took suo motu cognisance and issued notice to him to show cause why criminal contempt proceedings should not be drawn up against him, according to Bar & Bench. That order said the language was used during a court hearing that was being streamed live.
The Bench rejected a suggestion that the slang was not directed against the judge. "It was certainly addressed to the judge," it said, adding that it would not be surprised if the remark were interpreted as being against all the judges of the court (Bar & Bench; LiveLaw). The Court noted that Samim was an advocate and not a layperson, and that he was unwilling to repeat the slang in open court while offering an apology, according to Bar & Bench.
The Court acknowledged that advocates work under pressure and may lose their temper, but said this would not excuse such lapses in decorum, and that disagreement with a judge should be expressed through proper channels (Bar & Bench).
