Supreme Court of India· 27 March 2025

Does a litigant's threat to commit suicide if the Court passes a particular order amount to contempt?

Ramesh Kumaran & Anr. v. State through the Inspector of Police & Anr.

2025 INSC 405 · CRIMINAL APPEAL NO.1318 OF 2025
Coram: Abhay S. Oka; Ujjal Bhuyan

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Answer

Yes. Such a threat held out to the Court amounts to interference with the administration of justice and is contemptuous, and where it comes from a member of the Bar it is also unbecoming of him. In the normal course such threats must be taken very seriously by the Courts, and action for criminal contempt against the person giving the threat must be initiated and taken to its logical end, especially where he is a member of the Bar.

Headnote

Constitution of India — Art. 142 — Indian Penal Code, 1860 — ss. 294(b), 323, 506(1) — Cross FIRs — Quashing — Criminal contempt — Unconditional apology — Members of the Bar — Criminal contempt — Threat held out to the Court — Member of the Bar — Held: A threat to commit suicide held out to the Court if it quashes an FIR amounts to interference with the administration of justice; it is contemptuous and unbecoming of a member of the Bar. (¶11, 13) Criminal contempt — Unconditional apology and undertaking — Magnanimity — Held further: Such threats must in the normal course be taken very seriously and contempt action carried to its logical end; but where repentance is shown by an unconditional apology and an undertaking not to repeat, magnanimity may be shown instead. (¶13, 14) Constitution of India — Art. 142 — Cross FIRs — Quashing on apology — Held further: Where cross FIRs between members of the same Bar rest on one incident and the party who lodged one of them tenders an unconditional apology on oath and has no objection to quashing, both proceedings may be quashed under Article 142. (¶16, 17) Duty of the Court — Substantial justice — Litigant against his own interest — Held further: Even where litigants are not in a position to understand what is in their best interest, it is the duty of the Court to deliver substantial justice; appeal allowed and the FIRs quashed to the extent indicated. (¶15, 17)

In the Court's own words

Paragraph 11We thought that the first appellant would reciprocate by showing grace and accept the apology tendered by the second respondent, who is his colleague in the legal profession. However, the first appellant did not do so and went to the extent of giving a threat to this Court that in case this Court quashes the FIR registered against the second respondent, he would commit suicide. This conduct amounts to interference with the administration of justice. It is contemptuous and unbecoming of a member of the Bar. However, the first appellant has filed an affidavit dated 6th March 2025 and in paragraphs 3 to 5 the first appellant has stated thus:

Paragraph 13As this Court was willing to take a broad view and put an end to the dispute, which has been pending for more than seven years, the second respondent responded by tendering an unconditional apology to the first appellant. This Court was of the view that if ultimately both the cases go for trial, it will lead to more animosity between the first appellant and the second respondent. Pursuant to the appeal made by this Court, the second respondent took a reasonable stand and tendered an unconditional apology. However, notwithstanding the best efforts made by the first appellant's own learned counsel, the first appellant did not understand the importance of settling the dispute rather than aggravating it. He went to the extent of giving a threat to this Court. In normal course, such threats must be taken very seriously by the Courts. Action for criminal contempt against the person giving such a threat must be initiated, which should be taken to its logical end, especially when the first appellant is a member of the Bar.

Acts & Sections

Art.142 Constitution of Indias.294(b) Indian Penal Code, 1860s.323 Indian Penal Code, 1860s.506(1) Indian Penal Code, 1860

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Also decided in this judgment

When may a court decline to initiate criminal contempt despite a threat having been held out to it?Under Article 142 of the Constitution of India, may the Supreme Court quash an FIR which the party who lodged it has not applied to quash?What is a court's duty where a litigant does not appreciate what is in his own best interest?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections