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Ashok Kumar Kapoor Ys. Bar Council of Punjab & Haryana, D.C.Appeal No, 18-1999

Ashok Kumar Kapoor, a lawyer, faced contempt proceedings initiated by the Bar Council of Punjab & Haryana due to allegations of misconduct and threatening judicial officers. The court found him guilty of professional misconduct, sentencing him to three months of simple imprisonment and a fine of Rs. 2000, with additional imprisonment for non-payment. Furthermore, the Disciplinary Committee ordered his removal from the State Bar Council for abusing his position as an advocate.

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235 views1 page

Ashok Kumar Kapoor Ys. Bar Council of Punjab & Haryana, D.C.Appeal No, 18-1999

Ashok Kumar Kapoor, a lawyer, faced contempt proceedings initiated by the Bar Council of Punjab & Haryana due to allegations of misconduct and threatening judicial officers. The court found him guilty of professional misconduct, sentencing him to three months of simple imprisonment and a fine of Rs. 2000, with additional imprisonment for non-payment. Furthermore, the Disciplinary Committee ordered his removal from the State Bar Council for abusing his position as an advocate.

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preet86robin2
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Ashok Kumar Kapoor vs. Bar Council of Punjab & Haryana, D.C.

Appeal
No, 18/1999

FACTS: - The contemnor herein Mr Ashok Kumar Kapoor is a lawyer practising in District Courts
at Ludhiana. Learned Single Bench of this Court (R.S.Mongia, 1.) issued notice of motion to the
contemnor to show cause as to why proceedings under the Contempt of Courts Act, 1971 be
not initiated against him on the basis of letter written by Mrs Rekha Mital, the then Additional
Senior Sub Judge, Ludhiana. A copy of the complaint of Mrs Rekha Mital which was addressed
to the District & Sessions Judge, Ludhiana, was sent to him along with the notice. This order was
passed by the learned Single Judge on August 11, 1994.Smt Rekha Mittal further mentioned that
the complainant was in the habit of threatening every judicial o icer to get some order in his
favour which could not be appreciated by any Court the allegations of fraud, and cheating. She
also stated that the facts that she had mentioned could be verified from her Reader and Steno
and some other persons, who were present in the Court and whose names could be disclosed
by her, if so desired. On the aforesaid facts, she prayed that necessary action be taken against
Mr Ashok Kapoor, who is member of the Bar, for his misconduct and misbehaviour with the
Court. Pursuant to the notice issued by learned Single Bench of this Court, Mr Ashok Kapoor
appeared and prayed for time to file reply to the show cause notice.

ISSUE: - whether in the facts and circumstances as are available before us, the respondent has
committed contempt of Court as envisaged under the provisions of the Contempt of Courts Act,
1971?

JUDGEMENTS: - The contemnor deserves deterrent punishment, yet considering the fact

that he is a lawyer and in fact, an o icer of the Court, we deal with him leniently ani

sentence him to undergo simple imprisonment for a period of three months and pay a fine of

Rs.2000/. In default of payment of fine, he shall further undergo simple imprisonment for 15
days.

Disciplinary Committee Decision: - held that the appellant with oblique motive had filed those
cases being well aware of the fact that it was not maintainable and was frivolous. An advocate
was taking advantages of his position should not be allowed to mis-utilise of his position as an
advocate to victimize and harass general public including judicial o icers Found him guilty of
professional misconduct and ordered for removal of name from the role of State Bar Council
under section 35(3) (D) of the advocates Act, 1961.

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