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Supreme Court of India

K.K. JHA KAMAL vs JHARKHAND HIGH COURT on 10 July, 2018

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2018 INSC 595Crl.A. No.-001673-001673 - 2007Official PDFAuthor Kurian JosephBench Kurian Joseph, Sanjay Kishan Kaul, Kuttiyil Mathew JosephAdvocates PETITIONER-IN-PERSON | KRISHNANAND PANDEYA
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1673 of 2007
K.K. JHA “KAMAL” Appellant(s)
VERSUS
JHARKHAND HIGH COURT & ANR. Respondent(s)
J U D G M E N T

Respondent-Jharkhand High Court initiated proceedings

against the appellant under the Contempt of Courts Act, 1971

and convicted him for the offence of criminal contempt and

sentenced him to undergo sentence of simple imprisonment for

six months. There was also a direction to the Bar Council of

India to take appropriate action against the appellant. It was

made clear that until the appellant purged with the contempt,

he would not be entitled to practise under the jurisdiction of

the respondent-High Court, except for the chamber practice.

As per the interim Order dated 3rd December, 2007 while

admitting the appeal, the sentence of imprisonment awarded to

the appellant was stayed by this Court.

We find from the order dated 2nd February, 2013 of the Bar

Council of India that they had dropped the proceedings against

the appellant on account of his serious ill-health, having met

MAHABIR SINGHDate: with2018.07.11 an accident.

It is seen from the order of this Court dated 22nd

February, 2017 that this Court had also taken note of the

adverse health condition of the appellant.

Mr. Krishnanand Pandey, learned counsel appearing for the

respondent-High Court, submits that the appellant has not been

practising in the jurisdiction of the Jharkhand High Court.

Having regard to the peculiar facts and circumstances of

the case, we are of the view that interest of justice would be

met and complete justice done in case the Interim Order dated

3rd December, 2007 is made absolute and the appeal is disposed

of, thereby vacating that part of the impugned order on

sentence of imprisonment. Ordered accordingly.

In view of above, the appeal is party allowed.