Question

In which famous case this issue had come up. Whether the advocate had committed a professional misconduct and is guilty of the offence of the criminal contempt of the Court for having interfered with and obstructed the course of justice by trying to threaten, overawe and overbear the Court by using insulting, disrespectful and threatening language.

• A. Vinay Chandra Mishra, In Re
• B. Ex -Capt. Harish Uppal V. Union of India
• C. Hikmat Ali Khan v. Ishwar Prasad Arya and ors
• D. None of the above

Hint:

For Professional Ethics, remember the leading cases for different types of misconduct: \textit{Vinay Chandra Mishra} (contemptuous behaviour towards a judge), \textit{Harish Uppal} (lawyers' strikes), and \textit{P.D. Gupta v. Ram Murti} (misconduct involving property dealings).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question describes a severe form of professional misconduct by an advocate, which also amounts to criminal contempt of court. It asks to identify the landmark case where these specific facts were adjudicated by the Supreme Court.
Step 2: Detailed Explanation:
The facts described in the question precisely match the case of In Re: Vinay Chandra Mishra, (1995) 2 SCC 584.
In this case, Mr. Vinay Chandra Mishra, a senior advocate and then Chairman of the Bar Council of India, was accused of using insulting, disrespectful, and threatening language against a judge of the Allahabad High Court during a judicial proceeding. He was trying to pressure the judge into passing a favorable order.
The Supreme Court took up the matter and held that such conduct not only constituted gross professional misconduct but also amounted to criminal contempt of court, as it scandalized the court and interfered with the administration of justice. The Court found him guilty and sentenced him to simple imprisonment and suspended his license to practice as an advocate for three years.
- \textit{Ex-Capt. Harish Uppal} is the landmark case where the Supreme Court held that lawyers have no right to go on strike or call for a boycott of courts.
- \textit{Hikmat Ali Khan} also deals with professional misconduct (involving an assault within court premises) but the facts described in the question are the specific subject matter of the \textit{Vinay Chandra Mishra} case.
Step 3: Final Answer:
The famous case with these specific facts is Vinay Chandra Mishra, In Re.