An appeal filed by a Delhi-based lawyer in 2007 against a Delhi High Court judgement convicting him for contempt has finally been decided by the Supreme Court in his favour.
A reference under the contempt of court Act had been drawn by the additional sessions judge and sent to the high court for adjudication.
The complainant, facing trial in a drugs seizure of 55 kg of hashish at the airport by the customs, during mid stream case had sought a refund of the fee from the lawyer, Rajiv Dawar.
He chose to seek the trial court's help to get the refund, while also moving the bar council.
Dawar, despite having agreed to pay the refund, was convicted by the courts, but he found favour from the Supreme Court, which noted that he was not given enough opportunity to defend himself.
He was even barred from practising for two months.
The bar council had absolved the lawyer of any misconduct, finding the complaint to be palpably malafide and unsubstantiated to support the averments against the lawyer.
However, it ordered the part-refund for remaining services unrendered.
The high court observed that no opportunity of defence was afforded to the lawyer both by the trial court judge in reference and the high court dealing with it.
The Supreme Court said it has no hesitation in noticing the irregularities and set aside the judgement assailed in appeal.
The apex court while allowing lawyer Dawar's appeal found that the conviction was made by the subordinate courts on the basis of unilateral allegations.
It observed that conviction could not be based solely on unilateral allegations and the contemnor has to be given an opportunity to establish his innocence, which in the present case was missing.
Lawyer Dawar, when contacted about the judgement, said he was pleased with the verdict.
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