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The Supreme Court today asked Advocate Mehmood Pracha to consider filing an unconditional apology in a plea challenging Central Administrative Tribunal. He was also informed that the adjudication before the Uttarakhand High Court and the Supreme Court was only about the power of the Chairman under Section 25 of the Administrative Tribunals Act, 1985 to stay the proceedings while dealing with an application for transfer and that issue no longer subsists, with the adjudication by the courts, it said. "Though repeated requests were made to advance arguments did not appeal to him. He started humiliating the other side counsel by saying that they have no right whatever to plead before the Tribunal as per the orders of the Supreme Court," the statement said. “After hearing both the parties, the tribunal expressed the view that the matter falls under Rule 13 (b) of the Contempt of Courts (CAT) Rules, 1992. Since we were satisfied that a prima facie case exists, the charge was framed under Form III.
The case was listed on 10.02.2020 and the respondent pleaded not guilty,” the statement said. The respondent stated that the arguments were only on the basis of the record and that he did not state anything which amounts to contempt of court and added that a contempt case was filed against the chairman before the Uttarakhand High Court for the observations about the Judgement of Uttarakhand High Court, it said. "Soon after the contempt notice was issued, a contempt case was filed against the chairman, in the Uttarakhand High Court. A learned Single Judge entertaining it issued notice. The Supreme Court stayed it,” it said. 'The case was listed on 10.02.2020 and the respondent pleaded not guilty,' the statement said.
The respondent stated that the arguments were only on the basis of the record and that he did not state anything which amounts to contempt of court and added that a contempt case was filed against the chairman before the Uttarakhand high court for the observations about the Judgement of Uttarakhand High Court, it said. He has also referred to the SLP pending before the Supreme Court against the said contempt case, the statement said. Even where the parties are a bit emotional, the counsels are expected to discourage them and plead before the court or tribunal that much, which is relevant, it said. 'It is rather unfortunate to note that the attack by the respondent herein was more severe and aggressive, than that of his client,' the statement said. The matter reached its pinnacle when he said in the open court that the proceedings be heard in the chamber because he has to say something about the chairman, it said.
Tags : #SUPREME COURT #INSTRUCTED #CAT #GUILTY #CONTEMPT OF COURT
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