Lawyer issues notice to judge, invites contempt case

 The High Court of Karnataka has initiated suo motu criminal contempt proceedings against a lawyer from Tumkur, for issuing legal notice to a judge.

RKGMM Mahaswamyavaru, a lawyer from NR Colony near Kothitopu in Tumkur, had issued a notice to Principal Civil Judge and JMFC, Gubbi, asking him why criminal proceedings should not be initiated against him for being “discriminative.”

The advocate, in his notice, had stated that he belonged to a Scheduled Caste and argued cases only in Kannada whereas the judge conducted the proceedings in English. He alleged that he was not given sufficient time and dates for his cases despite submitting that he (advocate) had cases in other courts.

 The notice, dated February 22, 2014, had asked the judge to reply within three days failing which, the advocate had warned the judge of initiating civil, criminal and writ proceedings before the High Court, against him.

The Principal Civil Judge made a complaint to the district judge who in turn forwarded the matter to the High Court. The judge, in his complaint stated that any order passed by the court was a judicial order.

“If the lawyer or his client is aggrieved by the order of this court, then the proper recourse open for them is to approach the appellate court and they are not supposed to comment upon such order and functions of judicial officers,” the complaint said.
 Stating that the lawyer had no right to issue legal notice, the judge said that the lawyer dragged the matter by filing applications one after the other.  The Chief Justice has ordered to take up a suo motu criminal contempt proceedings against the lawyer.