Punjab & Haryana High Court Orders Arrest Of Dismissed DSP Who Circulated 'Derogatory' Videos Against HC Judges

The Punjab and Haryana High Court on Monday directed the Commissioner of Police, Ludhiana to arrest dismissed Punjab Police DSP Balwinder Singh Sekhon and one Pardeep Sharma and produce them before Court to answer the charge of contempt on Feb 24 for circulating 'malicious', 'libelous', and 'derogatory' videos on social media pertaining to judicial proceedings of the Judges of the HC.

The bench of Justice G. S. Sandhawalia and Justice Harpreet Kaur Jeewan also directed Social Media platforms Facebook, Twitter, and YouTube to remove/block/restrict/disable access on a global basis to all such videos/web links/URLs uploaded from I.P. addresses pertaining to Balwinder Singh Sekhon pertaining to Court proceedings.

"The loading of such videos on social platform at international level brings disrepute to the Constitutional Institution and it amounts to virtually inciting the public against the rule of law. Thus, a gauntlet is being thrown by the said respondents and we do not shrug off our constitutional duties to take it head on," the Court observed as it took serious note of the content of the videos uploaded by the contempnors and found that it was necessary to detain them.

The background of the case

Earlier on Feb 15, the Court had issued a criminal contempt notice to Sekhon for willingly taking on the High Court in order to achieve their personal ends.

The Court noted that Sekhon, who had filed a writ petition in 2021 challenging the order of his dismissal from service, had been circulating videos pertaining to the judicial proceedings which are being conducted by other judges.

The bench had also noted that in one of the videos, referring to more than 10 Judges of the Punjab & Haryana High Court and one sitting Judge of the Supreme Court, scandalous allegations have been made by Sekhon and therefore, a copy of the Court's order and the transcript of the video proceedings was sent to Sekhon to answer the charge.

However, after the proceedings ended on February 15, they (Sekhon and an alleged legal expert, Pardeep) aired themselves in open public at the entrance of the Court and launched a vicious tirade on the proceedings which had been conducted. Consequently, the Court took up the suo moto case today pertaining to their conduct on Feb 15.

The Court, in its Monday's order, noted that Pardeep, who put in an appearance in an effort to defend Sekhon before the Court on Feb 15, made a public remark disparagingly about one of the Judges (part of the bench) and the fact that his father was also a Chief Justice and he also did not have the guts to open the reports.

Apart from several other allegations, it was further commented that the Judges have been leashed by a certain set of people.

In fact, in one of the videos, the Court found that the Judges of the Court were abused to the fullest and that personal allegations were leveled against the Bench of the Court which was hearing the matter and which had issued the notice. 

Taking into account the facts of the matter and against the backdrop of the circumstances of the Court, the Court on Monday made an order for their arrest and directed that they be sent to judicial custody and thereafter be produced before the Court to answer the charge of contempt.

"By putting forth material on the social sites, they have not only by visible representation scandalized and lowered the authority of this Court and have interfered with the course of judicial proceedings and gone on to obstruct the administration of justice and, thus, have fallen foul of Sections 2(c)(i) to (iii) of the Contempt of Courts Act, 1971 ," the Court observed.

"We are informed that a large number of videos are circulated prior to the listing of the contentious matters before Benches. Observations are made how the proceedings are to be conducted and unsubstantiated allegations are levelled regarding the manner in which they might be conducted and also after having been conducted. The said allegations also pertain to raising allegations of financial misdemeanour apart from judges facing political pressure and unfounded reasons which are levelled," the Court further observed as it invoked its jurisdiction under Section 14 of the Contempt of Court Act so that he brought before this Bench to answer the charge against him.

"A virtual panchayat is being held whereby abuses are being showered on this Court in the proceedings conducted by respondent Nos.6 to 8 in the form of a gatling gun and the fact that the Bench does not know the 'A, B, C' of law unmindful of the fact that this 'Temple of Justice' is adourned by constitutional authorities who are only doing and conducting work in accordance with the oath given to them under the Constitution without fear and favour to anyone. Apart from that, even the family members have not been spared by passing disparaging remarks against them also," the Court added.

With this, ordering for their arrest, in order to further ensure the purity of justice and to protect the prestige of the Court, the Court further issued directions to respondent No.1 (Union of India) and to respondent Nos.2 to 4 (U.T., Chandigarh, DGP Chandigarh, SSP Chandigarh) to take appropriate steps to block access by the public of any information regarding videos put on the platform by respondent Nos.6 and 7, Balwinder Singh Sekhon and Pardeep Sharma and also any such videos aired by both of them on the channels.

Dheeraj Jain, Standing Counsel, Union of India accepted notice on behalf of respondent No.1 (UOI); Anil Mehta, Senior Standing Counsel and Mayank Sharma, Junior Panel Counsel, U.T. Chandigarh acceptED notice on behalf of respondent Nos.2 to 4. Vinod Ghai, Advocate General, Punjab accepted notice on behalf of respondent No.5 (Commissioner of Police, Ludhiana).

Case title - Court on its Own Motion vs. Union of India and others

Case Citation: 2023 LiveLaw (PH) 31

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