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SC warns lawyer of contempt action for levelling charges agst

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Press Trust of India New Delhi
The Supreme Court today pulled up a lawyer who alleged "manipulation" by the apex court registry to list a matter before a particular bench and warned him of initiating contempt proceeding saying such endeavour will straight away land him in jail.

A bench headed by Chief Justice J S Khehar said advocate Mohit Chaudhary should be ashamed of himself for making such an allegation against the Supreme Court registry.

"You are an advocate on record of this court. You must know the working of the Supreme Court registry. Your allegations are contempt of court....

"You take contempt notice right away and file an affidavit within one hour stating whatever you want to say. You will have to go to jail straight away from here," the bench, also comprising Justices D Y Chandrachud and S K Kaul, said.
 

The bench said there is a judicial order for listing the matter and when the registry has listed the case, the lawyer is accusing the Supreme Court of manipulation.

"There is a judicial order for listing the matter before a special bench and when it is listed you are accusing the registry. You people think you can tell anything here.

"Are you not ashamed of yourself? What nonsense is this. This is not done. Shame on you," the CJI said.

An upset Justice Khehar made the remarks when Chaudhary, appearing for a construction firm, said the matter was directed to be listed today but in a "manipulated way", it has been listed before a special bench".

The bench initially cautioned the advocate saying, "Be careful with what you say. What is this manipulation."

The lawyer then persisted saying the matter was to be listed before a regular bench but the registry has listed it before a special bench for which there iss no need.

After an hour when the matter was again taken up, Chaudhary filed the affidavit before the bench which on perusing it said that still he has not withdrawn the allegations and only tendered apology.

"You are still not withdrawing the allegations. You are still blaming the registry. It is absolute contempt of the court on the face of it," the CJI, again annoyed by the lawyer's response, said.

Chaudhary said that he will withdraw the allegations made in his application.

"We will not allow you to withdraw but if we allow then too we will do something. Being advocate on record you should know to do the verification.

"I have never heard such statements made before the court in my lifetime. You are making all possible allegations like money exchanged hands or something might have happened," Chief Justice Khehar said.

The bench listed the matter for Monday and said it will look at what to do with the advocate and his affidavit.

Chaudhary was appearing for a firm in a slum redevelopment case and his matter was listed today before a special bench of Justices Arun Mishra and S Abdul Nazeer.

The matter was yesterday listed for regular hearing but it was later listed in the supplementary list before the special bench headed by Justice Mishra as there was judicial order of March 31 to list the matter before the bench which had heard it.

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First Published: Apr 07 2017 | 8:23 PM IST

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