Jharkhand High Court Accepts Sincere Apology in Contempt Case, Drops Proceedings
Advocate Rakesh Kumar's unconditional apology leads to cessation of contempt proceedings, restoring professional reputation.
In a significant development, the Jharkhand High Court has accepted an unconditional apology tendered by Advocate Rakesh Kumar, leading to the dropping of contempt proceedings against him. The case, involving Mr. Kumar, a practicing advocate, was presided over by Justice Sanjay Kumar Dwivedi. The proceedings stemmed from an incident during court proceedings, which inadvertently placed Mr. Kumar in contempt. However, in a display of judicial discretion, the court focused on the sincerity of the apology rather than punitive measures.
The case unfolded following an incident on September 25, 2025, during proceedings in two anticipatory bail applications. The court had initially referred the matter to the Jharkhand State Bar Council, recognizing it as the disciplinary authority for advocates. Advocate Rakesh Kumar, represented by a team of legal counsels, including Mrs. Ritu Kumar, Mr. Dheeraj Kumar, and Mr. Navin Kumar Raj, presented a heartfelt and sincere apology to the court.
In the judgment delivered on October 15, 2025, Justice Dwivedi emphasized the importance of a genuine and unqualified apology, stating that the court's discretion under the Contempt of Courts Act, 1971, allows for such considerations. The judgment highlighted the role of punishment in upholding the rule of law and maintaining public confidence in the judiciary but noted that the primary objective is not punitive but remedial.
The court recognized the collective regret expressed by the President and Secretary of the Advocate Association and other Bar members, who supported Mr. Kumar's apology. This sentiment, coupled with Mr. Kumar's commitment not to repeat such actions, played a crucial role in the court's decision to accept the apology.
In a move that underscores the court's focus on maintaining the integrity of the legal profession, the court expunged adverse remarks made against Mr. Kumar in the earlier order and requested the Jharkhand State Bar Council not to proceed with any further action against him.
This decision reinforces the judiciary's commitment to upholding the rule of law while providing individuals the opportunity to rectify their mistakes and continue contributing positively to the legal fraternity.
Bottom Line:
Contempt of Court - Sincere apology tendered by the contemner at the initial stage, with assurance not to repeat such offense, is a relevant factor for the Court to consider while deciding on punishment under the Contempt of Courts Act, 1971 - Apology must be bona fide, sincere, and reflect genuine contrition.
Statutory provision(s): Contempt of Courts Act, 1971
Rakesh Kumar v. State of Jharkhan, (Jharkhand) : Law Finder Doc Id # 2795363
