'Effort Made To Scandalise Reputation Of Court': P&H HC Directs Criminal Contempt Against Petitioner Who Made Contemptous Allegations Against Sitting HC Judges

The Punjab & Haryana High Court has directed a criminal contempt case against a petitioner who alleged in a Public Interest Litigation (PIL) that the Police are running an extortion business under the "proper patronage" of the sitting High Court judge.

Observing that there is no merit in the PIL, a bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji said, "We, however, direct the office to register a criminal contempt against the petitioner and place it before the Bench handling the said matters so that notice can be issued and the petitioner can be prosecuted for the scandalous averments made in the petition."

The PIL also alleged that another High Court judge was "sitting on the protection petition of the petitioner."

The Court noted that the allegations made in the PIL are "per se contemptuous and it is an effort to scandalize the reputation of the Court."

Roma Rani, who was arrested for trafficking minors under Sections 370 (5) and 120 (B) IPC and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 had moved the High Court by filing a PIL.

The petitioner sought directions to the State to issue guidelines "to tame public servants who have stepped out of their jurisdictions so that they can honestly serve."

The plea also sought directions to quash the criminal proceeding against the petitioner stating that she is falsely implicated in a trafficking case, however, she was a whistle-blower having protection under Section 11 of the Whistle Blowers Act, 2011.

Allegations were made against the High Court judge that he was favouring the culprit and granted bail to him in the matter.

It was noted that several allegations were also made including that the Punjab SSP was running an extortion business "under proper patronage" of a sitting High Court judge.

After hearing the submissions, the Court said that scandalous averments had been made and it was an effort to scandalize the reputation of the Court.

While dismissing the plea, the Court directed the office to register a criminal contempt against the petitioner and place it before the Bench handling the said matters so that notice can be issued and the petitioner can be prosecuted for the scandalous averments made in the petition.

HBS Baidwan, Advocate, for the petitioner.

Salil Sabhlok, Sr. DAG, Punjab.

Kanwal Goyal, Advocate, for respondent No.3.

Title: Roma Rani v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 89

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