The Jharkhand High Court has dropped contempt proceedings against a practising advocate after accepting his unconditional apology, observing that a genuine and meaningful apology offered at the earliest stage, along with a promise not to repeat the conduct, is a relevant consideration under the Contempt of Courts Act, 1971.
Justice Sanjay Kumar Dwivedi made the observation while hearing Cr.M.P. No. 3017 of 2025 (Rakesh Kumar v. The State of Jharkhand). The petitioner had sought modification of an earlier order that contained adverse remarks against him.
“It is true that a sincere apology does not entitle a contemner as a matter of right to the remission of sentence. However, a sincere and meaningful apology tendered at the initial stage, with an assurance not to repeat such offence, certainly is a very relevant factor under this Act and ought to weigh with the Court while passing orders of punishment,” the Bench held.
Advocate Ritu Kumar appeared for the petitioner, assisted by Dheeraj Kumar and Navin Kumar Raj, while APP Kumari Rashmi represented the State.
According to the petitioner, an inadvertent incident occurred during court proceedings where he was appearing as counsel in two anticipatory bail applications. The Court, taking note of the matter and a request by Bar members, did not pass a sentence but referred the issue to the Jharkhand State Bar Council for disciplinary action. Later, the petitioner submitted an unconditional and unqualified apology for the incident.
The High Court referred to its earlier order dated September 25, 2025, and reiterated that the law of criminal contempt is meant to preserve public confidence in the judiciary. Allowing justification or counter-allegations, the Court noted, could undermine that very confidence.
Justice Dwivedi emphasized that courts have wide discretion under the Contempt of Courts Act, 1971, to decide whether to punish a contemner or accept an apology. However, an apology must be bona fide and reflect genuine repentance.
In this case, the Court found that the advocate’s apology was sincere and supported by members of the Bar, including the President and Secretary of the Jharkhand High Court Advocates Association. The Court accepted that the incident had occurred due to a bona fide mistake based on ill-advice, and that the petitioner had shown genuine remorse.
Concluding that further proceedings were unnecessary, the Court accepted the apology and ordered the expunction of adverse remarks made against the petitioner in the earlier order. Justice Dwivedi also requested the Jharkhand State Bar Council not to take further action in view of the accepted apology.
“The cause of justice would be subserved in adequate measure if the apology tendered by the petitioner is accepted and proceedings are dropped,” the Court stated.
About – Court News Local Law
Court News Local Law is a trusted legal news network with over 11 years of experience in India’s judicial reporting. Our team of advocates and legal professionals covers Supreme Court and High Court judgments, Tribunal and Commission updates, and legal news in Hindi. We specialize in civil, criminal, and writ matters, ensuring every report is accurate, transparent, and reliable.
