Contempt of Court: Gujarat HC Closes Proceedings Against Senior Advocate Percy Kavina

The Gujarat High Court on Thursday closed the suo motu contempt proceedings against Senior Advocate Percy Kavina for his use of “unparliamentary” language directed at a sitting judge of the High Court.

During the hearing of a case earlier this week, Kavina addressed the judge on the bench, saying, “Arre sahab, koi toh sharam rakho” (hey sir, have some shame).

Subsequently, contempt of court proceedings were initiated against him.

During today’s hearing before a division bench comprising Justices AS Supehia and MR Mengdey, the Court stated that Kavina, despite being conferred with the senior gown, appeared to have disregarded the responsibilities and duties associated with such an honor.

The bench emphasized that lawyers play a significant role in the administration of justice and highlighted that in today’s era, any contemptuous act committed within a court may extend beyond its confines and be noticed elsewhere.

Furthermore, the Court stated that any act detrimental to the majesty and dignity of the Court cannot be accepted, even if it was spontaneous.

“If an act that undermines the magnificence or self-esteem of the institution goes unnoticed, it will be detrimental to the rule of law, and the institution itself will suffer,” the Court added.

The bench acknowledged that the Senior Counsel had sincerely and unconditionally apologized, including to Justice Devan Desai, against whom he had used disparaging language.

Considering the apology, the Court decided to discontinue the proceedings. However, it expressed the hope that the Senior Counsel would refrain from similar conduct in the future.

“We do not wish to pursue the matter any further, and we accept his unconditional apology. We hope that he maintains a dignified behavior before the court and does not repeat similar conduct, as we may not be as lenient in the future. We expect him to exercise wisdom, as this court also looks forward to his valuable contributions to the legal field,” the bench stated.

The proceedings against Kavina were initiated on July 10. In its order initiating suo motu action against the senior lawyer, the Court noted,

“The senior counsel used unparliamentary language by saying ‘arre sahab, koi toh sharam rakho’ (hey sir, have some shame). Apart from using the aforementioned expression, we also found that he used disparaging language against the single-judge, which has undermined the majesty and dignity of this institution.”