Jahanvi Agarwal
The Gujarat High Court on Monday initiated suo motu contempt of court proceedings against Senior Advocate Percy Kavina’s use of “unparliamentary” language against a High Court judge who is now sitting.
Kavina used “disparaging language” against Justice Devan Desai on July 7, when he was defending a case that had been ongoing since 1979.
A Division Bench of Justices AS Supehia and MR Mengdey noted in its ruling that it had begun suo motu proceedings against the senior advocate.
“The senior counsel used unparliamentary language by saying ‘arre sahab, kai toh sharam rakho’ (hey sir, have some shame). Apart from using the aforesaid expressions, we have also found that he used disparaging language against the single-judge, which has lowered the majesty and dignity of this institution.”
On Monday morning, while the judges were dictating the order, Kavina urged them not to start the procedures but rather give him an opportunity to speak to Justice Desai and express an unconditional apology for the said language. The Bench permitted the same.
The Senior Advocate subsequently went to the bench of Justice Desai and expressed his unconditional apology for using the language on July 7.
Justice Desai considered Kavina’s apologies, but he did not indicate in his ruling whether or not he accepted them.
Justice Desai stated in his order that:
“This Court is of the opinion that what has happened on July 7, should not have been happened and the words used by senior counsel Percy Kavina were derogatory. Since the proposed suo-motu Contempt proceedings have not yet commenced, the senior counsel may request the concerned Division Bench for seeking unconditional apology.”
The Division Bench began the contempt of court proceedings against Kavina since it was unclear if Justice Desai had accepted his apology.
NDOH for the said matter is on 17.07.2023.