MADURAI: Granting relief to an advocate who uttered cuss words during a virtual hearing before the Tuticorin principal district judge, the Madras high court set aside the PDJ's order imposing fine on him taking into consideration his apology. The court was hearing the criminal revision petition filed by advocate G Samwell Rajendran challenging the PDJ's order.
The PDJ was hearing bail applications through WhatsApp video call on June 8 when the appellant, who was appearing for a case, suddenly uttered unparliamentary words which was heard by the public prosecutor and court staff. The PDJ issued a show cause notice to the advocate by mail to which he replied. However, the PDJ was not satisfied with the explanation and imposed a fine of 200 in default of which he was to undergo a month's simple imprisonment. Though the appellant paid the fine, the PDJ referred the matter to the Bar Council.
The appellant submitted that he was attending the court proceedings from his parked car when a rash driver caused scratches on his car. In the spur of the moment, he had abused the driver though the call was not disconnected. The words were not against the court or its proceedings and that it was not an intentional insult or interruption of the court. Making matters worse, he had wrongly typed "it would not occur in due course" instead of "this would not happen in future" in the reply given to PDJ.