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Court are institutions of formality; administration of justice requires certain standard of conduct Bombay HC

Team SoOLEGAL 1 Oct 2022 11:27am

Court are institutions of formality; administration of justice requires certain standard of conduct Bombay HC

New Delhi:A recent decision by the Bombay High Court discharged a lawyer of contempt charges that had been brought against him in 2017 due to his improper behaviour in court. 

The lawyer's unconditional apology was accepted by a three-judge panel led by Justices GS Patel, MS Karnik, and Bharati Dangre, who also discharged the contempt notice. 

Pertinently, the Court made the point that courts are "institutions of formality" and that parties must abide by established standards of conduct. 

The Court further stated that the public faith in the administration of justice rests on how it is perceived to be carried out, which calls for some kind of behaviour standard to be adhered to. 

“Courts are, after all, institutions of a great formality. The administration of justice, and more particularly public faith in the administration of justice, depends not just upon how it is administered, but also on how it is seen to be administered. This requires certain standards of conduct throughout the day," the Bench stated. 

However, the Court went on to accept the lawyer's apology, which it considered to be genuine, sincere, and unqualified. 

"We do so because it is within our power and remit to accept an apology in these terms, and also because we believe that the contempt powers of this Court must be exercised sparingly. Where there is an apology that meets the requirements of the statute itself and is to the satisfaction of the Court, surely no further action is required," the Bench stated. 



Tagged: institutions of formality  
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