Principles

·  Criminal Law—Contempt of court—Insult in judicial proceedings—Penal Code, s. 166—Request for removal of case on grounds of court’s prejudice is contempt

By asking the President of the Rahad Local Court to refer the case to the Resident Magistrate because the members of the Local “were prejudiced.” accused committed an offence under Penal Code, s. i66, and is guilty of contempt of court.

Judgment

      Advocate: Abdel Rahim Hag Hamad for the accused

      M. E. Mobarak. P.J., July 7, 1963:—Hussein Hassan Abu Ras was on June 10, 1963, tried and convicted at El Rahad by Acting Resident Magistrate Mohamed Mahmoud Abu Giseisa under Sudan Penal Code,

s. 166, in respect of intentional insult to Rahad Native Court and sentenced to imprisonment for two months as from the date of conviction in NS-22-1963 (Um Ruwaba).

      On application by advocate Abdel Rahim Hag Hamad on his behalf I confirm finding but alter sentence of imprisonment for one month as from June 10, 1963. So inform him please and arrange for his release when his term of imprisonment is served.

      The finding is no doubt correct. Ratanlal and Thakore, Law of Crimes 592 (20th ed.. Thakore and Vakil, 1961) states when commenting on Indian Penal Code, s. 228:

      “The object of this section is to punish a person who intentionally insults in any way the court administering justice.  It is to preserve the prestige and dignity of the court that this section is provided.”

      It has been proved that the accused appeared before the Rahad Local Court which was then dealing with a case of theft of a battery. Accused was a witness in the case, Mahmoud Mohamed El Fekki, Mohamed Hamid Musa and Mohamed lsmail Isagha were members of the court; the President was Omda Kubur Adam Saad El Din. The accused, while the court was hearing the case, stood up and asked the Court President to refer the case to the Resident Magistrate as the members, he said, were prejudiced. Information was lodged against accused by the three court members.

      To establish an offence under Sudan Penal Code, s. 166, the following matters must be proved:

1. That the person offended is a public servant.

2. That at the time of the offence such public servant was sitting in some stage of judicial proceedings.

3. That whilst he was so sitting, the accused offered an insult to such public servant, or caused some interruption to him, and

4. That he did so intentionally.

      It is admitted and proved that accused was sitting in Rahad Court while it was functioning and hearing a case. The words used by the accused and his application for transfer of the case to the Resident Magistrate as the court members are “prejudiced” are no doubt an insult to the court. Ratanlal and Thakore, op. cit., at 595-596 states that “. . . an accused called the trial judge a ‘prejudiced judge’ (and) a person stating in an application for postponement to enable him to make an application for transfer of a suit that the court had become hostile to him…were held guilty of contempt of court.”

      The accused stood up in open court and uttered the words of contempt referred to above. His act was no doubt intentional.

The finding, therefore, is correct and I confirm it.

      On the Sentence: I have already referred to the object of Sudan Penal Code, s. 166, at the beginning of the last preceding paragraph of this opinion. “It is to preserve the prestige and dignity of the court “; insulting judicial officers should, therefore, adequately be dealt with.

      The accused in this case is a first offender. Evidence was adduced before the trial magistrate by C.W. 1, Omda Kubur Adam (The Court President), and C.W. 2, Abdel Mahsan Ibrahim El Imam, gave evidence that he is of good character. The accused is an old man of about 53 years of age. The maximum penalty under the section is six months’ imprisonment and fine.

      For all these reasons I am reducing the sentence of imprisonment passed by the trial magistrate from two months to one month.