Re : Mathews Nedumpara vs . Union Of India And Ors. (Writ Petition ...

REPORTABLE IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION SUO MOTU CONTEMPT PETITION (CRL.) NO. 1 OF 2019

IN RE: MR. MATHEWS NEDUMPARA

O R D E R

By a judgment dated 12th March, 2019 in National

Lawyers Campaign for Judicial Transparency and Reforms

& Ors. vs. Union of India and Ors. (Writ Petition (C)

No. 191 of 2019), this Bench held that Shri Mathews

Nedumpara, Advocate has committed contempt in the face

of the Court. In the interest of justice, however,

notice was issued to Shri Nedumpara as to the

punishment to be imposed upon him for committing

contempt in the face of the Court.

Signature Not Verified Shri Nedumpara appeared today before us both by Digitally signed by R NATARAJAN Date: 2019.03.29 15:43:53 IST Reason: himself and through Advocate Shri Subhash Jha. 2

In the morning session, Shri Nedumpara did his best

to see that the matter was not heard by this Bench. He

informed us that a Transfer Petition was filed asking

the Chief Justice of India to transfer this case from

this Bench to some other Bench. He also stated that he

was going to file an application for recall of our

order dated 12th March, 2019. He then cited latin

maxims and said that justice must be seen to be done.

He also referred to the famous Rex vs. Sussex Justices

case and referred generally to the fact that relatives

of Judges should not be seen practicing in the same

Court. He later asked the Bench to grant a “pass over”

of his matter inasmuch as his lawyer Shri Subhash Jha

was on his way from Mumbai. The Bench agreed and

placed the matter at 2.00 p.m.

At 2.00 p.m., Shri Jha came and addressed us, and

pointed out Sections 14 (1) & (2) of the Contempt of

Courts Act, 1971 together with Section 479 of the

Criminal Procedure Code. He also made various other 3

submissions which the Court reminded him were not on

the punishment aspect of this case. He continued,

however, arguing as if he was arguing a review petition

in the open Court. While Shri Jha was arguing, Shri

Nedumpara stepped in again and went on a long ramble as

to how he had not in fact impersonated Justice Vazifdar,

which is one of the many incidents referred to in our

judgment dated 12th March, 2019. At this stage, Shri

Nedumpara then tendered an apology to this Court by way

of an affidavit duly signed by him in the Court in our

presence. The affidavit reads as follows:-

“AFFIDAVIT

I, Mathews J. Nedumpara, Advocate, aged 60 years, Indian Inhabitant, residing at Harbour Heights, “W” Wing, 12-F, 12th Floor, Sassoon Docks, Colaba, Mumbai-400 005, now in Delhi, do hereby swear and state as follows:-

1. A Bench of this Hon’ble Court comprising Hon’ble Shri Justice Rohinton F. Nariman and Hon’ble Shri Justice Vineet Saran, by judgment and order dated 12th March, 2019, was pleased to hold 4

me guilty for contempt in the face of the Court and list the case for hearing on the question of punishment.

2. I happened to mention the name of Shri Fali S. Nariman to buttress my proposition that even legendary Shri Fali Nariman is of the view that the seniority of a lawyer should be reckoned from the date of his enrolment and nothing else.

However, I was misunderstood. I along with some office bearers of the National Lawyers’ Campaign for Judicial Transparency and Reforms have instituted Writ Petition No.2199/2019 in the High Court of Delhi for a declaration that the Explanation to Rule 6 of the Bar Council of India Rules is void inasmuch as it explains that the word “Court” does not mean the entire Court, but the particular Court in which the relative of a lawyer is a Judge. I instituted the said petition only to raise the concern many lawyers share with me regarding the immediate relatives practising in the very same Court where their relative is a Judge. In retrospection I realize that it was an error on my part to have arrayed Shri Fali Nariman as a Respondent to the said petition. I regret the same; no words can sufficiently explain my contrition and regret. I also in retrospection 5

realize that I have erred even during the conduct of the above case before this Hon’ble Court and I probably would not have kept upto what is expected of me as a lawyer in the Bar for 35 years and crossed the age of 60. I feel sorry, express my contrition and tender my unconditional apology, while maintaining that some of the accusations levelled against me in the judgment dated 12th March, 2019 are absolutely wrong, which are, ex facie, black and white, and as incontrovertible as day and night.

3. The apology tendered by me hereinabove be accepted and I may be purged of the contempt.

Solemnly sworn at Delhi Sd/-

this 27th day of March, 2019 (Mathews J. Nedumpara)”

We have considered the affidavit so filed in the light

of the incidents that have taken place in the Bombay

High Court as well as in this Court.

Given the fact that Shri Nedumpara now undertakes

to this Court that he will never again attempt to

browbeat any Judge either of this Court or of the 6

Bombay High Court, we sentence Shri Nedumpara to three

months imprisonment which is, however, suspended only

if Shri Nedumpara continues in future to abide by the

undertaking given to us today. In addition, Shri

Nedumpara is barred from practicing as an Advocate

before the Supreme Court of India for a period of one

year from today. This disposes of the punishment

aspect of the contempt that was committed in the face

of the Court.

A letter dated 23.03.2019, received by the office

of the Judges of this Bench on 25.03.2019, is a letter

that is sent to the President of India, the Chief

Justice of India and the Chief Justice of the High

Court of Bombay by the President of the Bombay Bar

Association and the President of the Bombay

Incorporated law Society. The aforesaid letter states:

“We have come across, in the social media, copies of the following complaints purportedly made against Hon’ble Mr. Justice R.F. Nariman and Hon’ble Mr. Justice Vineet Saran, Judges, Supreme Court of India.

7 1. A complaint made with Your Excellency’s Secretariat by one ‘Indian Bar Association’ dated 20th March, 2019 bearing Grievance No.PRSEC/E/2019/05351 (“the first complaint”), through one Advocate Mr. Vijay Kurle, against sitting Judges of the Hon’ble Supreme Court of India, the Hon’ble Mr. Justice R.F. Nariman and the Hon’ble Mr. Justice Vineet Saran, seeking permission to prosecute the Learned Judges and withdrawal of judicial work from them for having passed a Judgment dated 12th March, 2019 convicting Mr. Mathews Nedumpara for having committed contempt of the Hon’ble Supreme Court of India. It has been addressed to Your Lordship the Hon’ble Chief Justice of India and a copy thereof has been endorsed to Your Lordship the Hon’ble Chief Justice, Bombay High Court.

2. A complaint dated 19th March, 2019 made with Your Excellency’s Secretariat bearing Grievance for Registration No.PRSEC/E/2019/05242 (“the second complaint”) by one Mr. Rashid Khan Pathan said to be the National Secretary, Human Rights Security Council, seeking similar directions/permissions against the Hon’ble Mr. Justice R.F. Nariman and the Hon’ble Mr. Justice Vineet Saran for having passed another order in another matter. It has been addressed to Your Excellency and Your Lordship the Hon’ble Chief Justice of India.

Copies of these purported complaints which have been circulated in the social media are annexed as Annexure”1” and Annexure”2”.” 8

The prayers made in the complaint filed by the

Indian Bar Association are as follows:-

“(i) Taking action Action be taken under Section 218, 201, 219, 191, 192, 193, 466, 471, 474 read with 120(b) and 34 of Indian Penal Code against Justice Rohinton Fali Nariman and Justice Vineet Saran for passing order by willful disregard, disobedience and misinterpretation of law laid down by the Constitution Bench of Hon’ble Supreme Court with intention to terrorize advocates.

(ii) Immediate direction be passed for withdrawal of all works from Justice Rohinton Fali Nariman and Justice Vineet Saran as per ‘In-House-Procedure’.

(iii) Directions be given to Justice Rohinton Fali Nariman and Justice Vineet Saran to resign forthwith by following the direction of Constitution Bench in K. Veeraswami vs. Union of India (UOI) and Ors. 1991 (3) SCC 655 as the incapacity, fraud on power and offences against administration of justice are ex-facie proved.

OR

(iv) Applicant be accorded sanction to prosecute Justice Rohinton Fali Nariman under Section 218, 201, 219, 191, 192, 193, 466, 471, 474 read with 120(b) and 34 of the Indian Penal Code.

v) Direction be given for Suo Motu action under Contempt of Courts Act as per law laid down in Re: C.S. Karnan’s Case (2017) 7 SCC 1, Justice Markandey Katju’s case & in Rabindra Nath Singh vs. Rajesh Ranjan (2010) 6 SCC 417 for willful disregard of law laid down by Hon’ble Supreme Court in :-

a) Vinay Chandra Mishra’s case AIR 1995 SC 2348 (Full Bench) 9

b) Dr. L.P. Misra vs. State of U.P. (1998) 7 SCC 379 (Full Bench)

c) Leila David vs. State of Maharashtra & Ors. (2009) 10 SCC 337

d) Nidhi Kaim & Anr. vs. State of Madhya Pradesh & Ors.

(2017) 4 SCC 1

e) Dwarikesh Sugar Industries Ltd. vs. Prem Heavy Engineering Works AIR 1997 SC 2477

f) Sukhdev Singh Sodhi vs. Chief Justice S. Teja Singh, 1954 SCR 454

g) Mohd. Zahir Khan vs. Vijai Singh & Ors AIR 1992 SC

642.”

The prayers made in the complaint filed by the

Human Rights Security Council are as follows:-

“i) Action be taken under Section 218, 201, 219, 191, 192, 193, 466, 471, 474 read with 120 (b) and 34 of Indian Penal Code against Justice Rohinton Fali Nariman and Justice Vineet Saran for passing order by willful disobedience of law laid down by the Hon’ble Supreme Court with intention to help the accused husband in serious case of practicing fraud upon the Court.

ii) Immediate direction be passed for withdrawal of all works from Justice Rohinton Fali Nariman and Justice Vineet Saran as per `In-House- Procedure’.

iii) Directions be given to Justice Rohinton Fali Nariman & Justice Vineet Saran to resign forthwith by following the direction of Constitution Bench in K. Veeraswami vs. Union of India (UOI) and Ors. 1991 (3) SCC 655 as the incapacity, fraud on power 10

and offences against administration of justice are ex-facie proved.

OR

(iv) Applicant be given sanction to prosecute Justice Rohinton Fali Nariman under Section 218, 201, 219, 191, 192, 193, 466, 471, 474 read with 120(b) and 34 of Indian Penal Code.

(v) Direction be given for Suo Motu action under Contempt of Courts Act as per law laid down in Re:

C.S. Karnan’s Case (2017) 7 SCC 1, Justice Markandey Katju’s Case and in Rabindranath Singh vs. Rajesh Ranjan (2010) 6 SCC 417 for willful disregard of law laid down by Hon’ble Supreme Court in :- P.C. Purushothama Reddiar vs. s. Perumal 1972 (1) SCC 9 (FULL BENCH), Sciemed Overseas Inc. vs. BOC India Limited and Ors (2016) 3 SCC 70, Surendra Gupta vs. Bhagwan Devi (Smt.) and Another, (1994) 4 SCC 657, Dwarikesh Sugar Industries Ltd. vs. Prem Heavy Engineering Works (P) Ltd. And Another AIR 1997 SC 2477, State of Goa vs. Jose Maria Albert Vales (2018) 11 SCC 659, Iqbal Singh Marwah & Anr. vs. Meenakshi Marwah & Anr. (2005) 4 SCC 370 (5-Judge Bench). In Re Suo Motu Proceedings against R. Karuppan (2001) 5 SCC 289 (Full Bench), Maria Margarida Sequeira Fernandes and Ors. Vs. Erasmo Jack de Sequeira (Dead) through L.Rs AIR 2012 SC 1727.”

It can be seen on a comparison of the prayers in

both the complaints that they are substantially similar

showing that prima facie the aforesaid Shri Vijay Kurle

and Shri Rashid Khan Pathan are acting in tandem. Also, 11

the complaints are dated 20th March, 2019 and 19th March,

2019. Para 3.14 of the said letter is significant and

reads as follows:

“3.14 The Bombay Bar Association and the Bombay Incorporated Law Society have reason to believe that Mr. Nilesh Ojha and Mr. Mathews Nedumpara are in tandem with one another. In Criminal contempt Petition No.3 of 2017, which was initiated as a result of various acts of Mr. Nilesh Ojha and his associates, Mr. Mathews Nedumpara appeared for one of the contemnors. Similarly, in a Petition being Writ Petition (L) No.1180 of 2018 filed by Mr. Mathews Nedumpara against Hon’ble Mr. Justice S.J. Kathawalla alleging “judicial defamation” and seeking compensation, Mr. Nilesh Ojha appeared for Mr. Mathews Nedumpara. The timing at which these complaints have been made after the bench comprising of Hon’ble Mr. Justice R.F. Nariman and Hon’ble Mr. Justice Vineet Saran of the Supreme Court of India held Mr. Mathews Nedumpara guilty of contempt of Court and also the contents of the complaint of Indian Bar Association make it apparent that these complaints are made to browbeat the Court for having initiated contempt proceedings against Mr. Mathews Nedumpara. It is pertinent to note that the Standing/Managing Committees of all the three Bar Associations attached to the Bombay High Court being Bombay Bar Association, Advocates’ Association of Western India, and the Bombay Incorporated Law Society passed Resolutions appreciating and welcoming the judgment dated 12th March, 2019 of the Hon’ble Supreme Court of India. Copies of the said Resolutions are hereto annexed and marked as Annexures “13”, “14” and “15”.” 12

We annex the aforesaid letter dated 23.03.2019 to the

present order.

Given the two complaints filed, it is clear that

scandalous allegations have been made against the

members of this Bench. We, therefore, issue notice of

contempt to (1) Shri Vijay Kurle; (2) Shri Rashid Khan

Pathan; (3) Shri Nilesh Ojha and (4) Shri Mathews

Nedumpara to explain as to why they should not be

punished for criminal contempt of the Supreme Court of

India, returnable within two weeks from today.

Given the serious nature of the allegations

levelled against this Bench, the Chief Justice of India

to constitute an appropriate Bench to hear and decide

this contempt case.

.......................... J.

(ROHINTON FALI NARIMAN) .......................... J.

(VINEET SARAN) New Delhi;

March 27, 2019.

13 ITEM NO.10 COURT NO.5 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Suo Motu Contempt Petition (Crl.) No(s). 1/2019

IN RE : MATHEWS NEDUMPARA

Date : 27-03-2019 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN

For Petitioner(s) By Courts Motion

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

The Court came to the following conclusion, in terms of the

signed reportable order:

“The punishment aspect of the contempt that was committed in the face of the Court stands disposed of.”

Given the two complaints filed, it is clear that scandalous allegations have been made against the members of this Bench. We, therefore, issue notice of contempt to (1) Shri Vijay Kurle; (2) Shri Rashid Khan Pathan; (3) Shri Nilesh Ojha and (4) Shri Mathews Nedumpara to explain as to why they should not be 14

punished for criminal contempt of the Supreme Court of India, returnable within two weeks from today.

Given the serious nature of the allegations levelled against this Bench, the Chief Justice of India to constitute an appropriate Bench to hear and decide this contempt case.

(R. NATARAJAN) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR

(Signed reportable order is placed on the file)