Judges Cannot Be Tamed By Such Tactics Into Submission To Secure A Desired Order: Read Judgment in Brief Amaresh Patel LANDMARK JUDGMENT Tue, May 28, 2019, at ,04:42 PM Title of the Case – Judges Cannot Be Tamed By Such Tactics Into Submission To Secure A Desired Order Name of the case – Rakesh Tiwari, Advocate v. Alok Pandey, CJM, Crl.A. No. 1223 of 2015 Date of Judgment – 17th May, 2019 Judges: Justice Arun Mishra and Justice Navin Sinha Subject and sections involved – right to provisional assessment under Section 18 of the Customs Act, 1962 Issue: Where the High Court of Allahabad was right in suspending the licence to practice? Fact of the Case: Sri Rakesh Tripathi, Advocate, on 21st December, 2012 during lunch hour without taking permission from C.J.M., Allahabad entered into his chamber along with 2-3 colleagues and at the said point of time he started hurling filthy abuses to the CJM and the matter did not end there, as he also raised his hand to beat the Chief Judicial Magistrate and also threatened him of dire consequences. Ratio of the case - The division bench of Supreme Court dealing with such a misconduct by protector of justice itself, observed that the act stated amounts to criminal contempt of court. The High Court has noted that the concerned advocate did not apologise and has maligned and scandalised the subordinate court. He has made bare denial and has not shown any remorse for his misconduct. Considering the gravamen of the allegations the High Court has imposed the imprisonment of SI for 6 months with fine of Rs.2000 and in default to pay fine or to undergo SI for 15 days. He has been restrained from enering the judgeship of Alahabad for a period of 6 months that was to commence from 15.7.2015 and he had been kept under watch for a period of 2 years. Considering the nature of misconduct, while upholding the conviction for criminal contempt, we modify the sentence in the following manner : The sentence of imprisonemnt of 6 months shall remain suspended for further period of 3 years subject to his maintaining good and proper conduct with a condition that he shall not enter the premises of the District Judgeship, Allahabad for a further period of three years in addition to what he has undergone already. The period shall commence from 1.7.2019 to 30.6.2022. In case of non violation of aforesaid condition the sentence after three years shall be remitted. Judges cannot be tamed by such tactics into submission to secure a desired order. The foundation of the system is based on independence and impartiality of the Judges as well as responsibility to impart justice. In case their confidence, impartiality and reputation are shaken the same is bound to adversely affect the independence of the judiciary. An advocate is duty bound to act as per the higher status conferred upon him as an officer of the court. He plays a vital role in preservation of society and justice delivery system. Advocate has no business to threaten a Judge or hurl abuses for judicial order which he has passed. In case of complaint of the Judge, it was open to the advocate to approach concerned higher authorities but there is no licence to any member of the Bar to indulge in such undignified conduct to lower down the dignity of the Court. Such attempts deserve to be nipped at the earliest as there is no room to such attack by a member of noble profession.