IN THE HIGH COURT OF JUDICATURE AT PATNA OCR. MISC (DB) No.1 of 2009 THE STATE OF BIHAR Versus AGST.DAYANAND SINGH 1,ADV.JMU. For the State: Mr. Lalit Kishore, AAG 3 For the contemner: Mr. Indu Shekhr Pd.Singh, Sr. Adv. ----------- 5. 27.4.2009 Heard learned counsel for the State and learned Senior counsel Mr. Indu Shekhar Prasad Singh, appearing for the contemner. Pursuant to our order dated 16.4.2009, the alleged contemner Shri Daya Nand Singh No.1, a practicing Advocate of civil courts, Jamui, has appeared in person. In the show cause filed in this Court, the alleged contemner has highlighted that he has highest regard for judiciary as well as for the court concerned under whose reference the notice has been issued. It has also been clearly stated in the show cause that on 5.6.2008 at about 11.30 A.M. in the court of learned Additional District and Sessions Judge, Fast Track Court No. 4, Jamui, in Sessions Trial No. 617 of 1999 the deponent had appeared for arguing on the point of sentence and under emotional strain and due to his physical and mental condition 2 he uttered some words for which he sincerely regrets and repents and tenders unqualified and unconditional apology. Thus, before this Court the stand of the alleged contemner is simple. He has chosen not to contest the allegation that he used unparliamentary language in open court after the concerned Judge had pronounced the sentence of rigorous imprisonment to the accused persons represented by the alleged contemner. In view of the stand of the contemner noticed above, there is no need of going into the details inasmuch as the utterances alleged are practically admitted. However, in view of unqualified and unconditional apology, we are inclined to apply our mind to some other relevant facts. It has been mentioned in the show cause that the deponent is a practicing lawyer at Jamui civil courts for last 36 years. He is handicapped as he has lost complete eye sight about 20 years ago and is not in a position to move without physical assistance of any person. It has further been 3 stated that during long practicing career as an Advocate, he has always upheld the dignity of the court and shown respect to the judiciary and to Judicial Officers at Jamui as well as at other places. He has made it clear that he shall continue to maintain such respectful stand till the last breath of life. The task of finding a suitable and adequate punishment in the facts of the case is not a simple one. Having regard to the unparliamentary words which are noted by the concerned Judge and considering the aforesaid apology expressed by the contemner and his physical condition, we are of the view that the contemner should be awarded simple imprisonment till the rising of the Court on this day. We order accordingly. He is also cautioned to be extra careful in future so that his physical and mental condition does not lead him to commit such act again in future. Kanth ( Shiva Kirti Singh, J.) ( Dharnidhar Jha, J.)