However, after hearing the petition extensively, the Court said that it was “of the clear and definite opinion that the instant case is nothing, short of abuse of the process of the court“.
The Court categorically held that the actions of the judicial officer do not in any way amount to contempt and that the allegations against the opposite parties and their counsel were not only without any merit but also “grossly unbecoming”.
Finding that the petition lacked any substance, the Court refused to issue notice to the respondents and dismissed it in limine (at the first instance itself).
Before concluding the judgment, the Court also touched upon the judgment of the Supreme Court in SK Sarkar v. Vinay Chandra Misra which gave higher weightage to contempt of court petitions moved by lawyers themselves.
“Being a member of the prestigious legal fraternity, the petitioner is expected to conduct himself assuming the onerous responsibility and sublime duty of a lawyer and in a manner befitting to the grace and nobility of the profession,” the judgment stated.
Source: Barandbench
