Delhi HC Initiates Suo Moto Criminal Contempt Against Man For Brandishing Pistol During Inspection By Court-Appointed Local Commissioner

The Court had appointed an advocate as a Local Commissioner in an order where it had restrained the respondent from disposing of industrial coal. The Court had asked the Local Commissioner to visit the respondent's premises and ascertain the quantity of coal present there.

The inspection report Local Commissioner revealed that the respondent's son, Nitin Bansal, became aggressive upon being enquired about the business. The report stated that Bansal took out a pistol and kept it on the office table and that it was done to threaten the Local Commissioner.

Bansal's affidavit stated that the pistol was not a real firearm, but an Air Gun/Toy gun which was kept to scare animals. It was stated that the gun was lying on the table before the Local Commissioner arrived.

A single judge bench of Justice Subramonium Prasad noted that the Local Commissioner's report indicates that Bansal took out the pistol and kept it on the table to threaten and coerce the Local Commissioner.

The Court remarked, “Even assuming that the stand of the Respondent is correct that the pistol in question was already present on the table then also, in the considered opinion of this Court, there was no necessity for the pistol to be kept on the table at the time when the Local Commissioner was visiting the premises because keeping a weapon on the table in itself is sufficient to intimidate any person.”

With respect to the stand taken by Bansal that the pistol was only a toy gun kept to scare animals, it stated “This Court fails to understand as to how a Toy Gun without pellets can scare animals and monkeys. Therefore, the stand taken by Nitin Saxena does not satisfy this Court at this juncture.”

The Court was of the view that there was a prima facie interference with the administration of justice by Bansal. The Court thus initiated suo moto criminal contempt case against Bansal.

It asked the Registrar General to place the records of the proceedings before the Chief Justice for referring the matter to the concerned Division Bench.

Case title: Bina & Ors. Ashok Bansal (O.M.P.(I) (COMM.) 186/2024, I.A. 31372/2024)