Bombay HC Drops Contempt Proceedings Against Litigant Who Made Wild Allegations Against Judge, Accepts "Unconditional Apology" [Read Order]

The Bombay High Court last Friday discharged contempt proceedings against a litigant who made "wild allegations" against a Joint Civil Judge in Solapur district after he tendered an unconditional apology with folded hands.

Division bench of Justice SS Shinde and Justice NB Suryawanshi was hearing a criminal reference made by Joint Civil Judge and JMFC Syedullah Khaleelullah Khan, Barshi, District Solapur, under Section 15(2) of the Contempt of Courts Act, 1971.

According to the said reference, Narsingh Pawar, the respondent contemnor filed an application before Judge Khan praying to adjourn his Civil Suit. After perusal of the said application, Judge Khan found the contents of the said application contemptuous and noted that Pawar had made wild allegations against him. Thus, the reference was made to the High Court praying for the Pawar to be held guilty for committing criminal contempt of the Court.

After going through the Pawar's application, the bench noted-

"There is no slightest doubt that he has made a wild allegation without any basis which can be safely construed as contemptuous."

However, Pawar filed an affidavit in reply on August 29, 2019 and with folded hands tendering unconditional apology for filing such application. He accepted that the allegation made in the said application are contemptuous and undermining the authority of the Court. Pawar also gave an undertaking stating that "in future knowingly or unknowingly he shall not file any such application which will obstruct the administration of justice and shall not make false and wild allegations against the Hon'ble Judges/ Court."

Accepting the apology, Court cautioned the contemnor-

"The said unconditional apology with folded hands deserves to be accepted, and accordingly an unconditional apology is accepted with caution to the Contemnor that in future he will not again indulge in making such frivolous and baseless allegations."

Thus, the contempt notice issued to Pawar on June 10, 2019 was discharged.   

Click here to download the Order