Jharkhand High Court Quashes Adverse Remarks Against Lawyer Over 'Hooliganism' During Hearing, Accepts His Apology

The Jharkhand High Court quashed adverse remarks made against an advocate who had, while arguing an anticipatory bail matter last month, used "loud speech" and had "threatened the court to pass the order" stating that he will approach the Supreme Court challenging the same. 

Justice Sanjay Kumar Dwivedi in his September 25 order had observed that this was a case where an "attempt was made to hinder or obstruct the due administration of justice in Court" and such type of interference amounts to "scandalizing the Court itself" adding that it was "attack on Judge" which must be punished as contempt. 

The court had said that if the lawyer is allowed to go scot free then message will go in the society that Judges can be stopped, "if such type of hooliganism is made in the open Court". 

However, as the members of the Bar, including President and Secretary of the Advocate Association, requested the Court to take a lenient view by giving him a chance and not to initiate criminal contempt case against him, the Court had referred the matter to the Chairman, Jharkhand State Bar Council.

Thereafter, the advocate moved a plea seeking modification of the September 25 order while tendering an "unconditional and unqualified apology". The lawyer also gave an undertaking to the effect that such act will never be repeated by the petitioner before any Court, and submitted that his apology be accepted and he be exempted from facing consequence of the said order at the behest of Jharkhand State Bar Council. 

Taking note of the apology, the court in its order said:

"The order dated 25.09.2025 in the aforesaid ABAs (anticipatory bail application) is passed considering that the law of criminal contempt is concerned with the protection and the maintenance of public confidence in the Courts of law and it is primarily for this reason that the law of criminal contempt forbids the plea of justification. It is manifest that once such a plea is allowed to be raised then far from building up and maintaining the public confidence in the impartiality and integrity of the courts of law it would enable litigants to rake up controversies and throw mud which in the ultimate analysis would erode the same confidence and trust in the courts of law which is sought to be protected by criminal contempt. It is for this reason that criminal contempt is on a signicantly distinct footing from the ordinary law of criminal defamation. In that background the said order has been passed"

The court however noted that the lawyer had tendered a sincere apology which was to the court's satisfaction, along with an undertaking to never repeat such an act again.

"The sincere intention, which is stated to be seed of offering such an apology is fully satisfied in this case. The President and Secretary of the Advocate Association and other Members of the Bar have collectively express regret for whole affair. In such a situation like this, the apology tendered by Mr. Rakesh Kumar, learned counsel is accepted by the Court in the spirit in which he has given. Punishment for crime or a wrong has a positive, but a limited role and a social malady cannot be eradicated merely by inflicting legal punishment. The object of punishing a contemner for committing contempt of court is to uphold the rule of law and to maintain the confidence of the people in the administration of justice," the court said.

Closing the matter, the court accepted the advocate's apology adding that he deserved a chance. 

"Since the apology has been accepted, the adverse remark made against the petitioner in order dated 25.09.2025 is hereby expunged. The Jharkhand State Bar Council is requested not to proceed against the petitioner further as the unconditional apology has been accepted by this Court," the court added.

The plea was disposed of. 

Case title: Rakesh Kumar v/s The State of Jharkhand and others

Cr. M.P. No.3017 of 2025

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