Supreme Court Vacates Stay In A 16 Year Old Criminal Appeal; Pulls Up Appellant-Lawyer Who Sought Repeated Adjournments

The Supreme Court vacated a stay order in a 16 year old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments.

On 19 October 2006, Gulshan Bajwa, a lawyer, was convicted by the Delhi High Court finding him guilty of criminal contempt of making reckless and undesirable allegations against the Judges. He was sentenced to simple imprisonment for a period of three months with fine of Rs. 2000. While admitting the criminal appeal on 16th April, 2007, the Apex Court granted an interim order staying the operation of this High Court order.

On tuesday (1 August 2023), while this case came up for hearing before the bench of Justices Vikram Nath and Ahsanuddin Amanullah, the appellant, appearing in person, sought an adjournment till post Diwali Vacation. He also produced medical prescriptions to point out that he is not keeping well and has to undergo surgery.

The bench noted that on more than dozen occasion the cases were listed, it was either adjourned on the request of the appellant or on account of his absence. When the bench offered to provide legal assistance from the Supreme Court Legal Services Committee, he declined. The court noted:

"He has complaint against the legal aid counsel also, just as he had been making complaints and irresponsible statements and comments against Judges of the Delhi High Court and other Courts for which he has been found guilty of contempt."

The court further noted that Bar Council of India, has also found that the appellant's conduct is not proper and the order of guilt against him does not require any further alteration.

"The continuous insistence is for adjournment although we find him to be very eloquent and vocal in his delivery and remembering everything regarding the case(s) and is not willing to argue the matter(s). In that view of the matter, we vacate the interim order dated 16th April, 2007.", the court said while adjourning the case to 28th November, 2023.

Case details

Gulshan Bajwa vs Registrar, High Court of Delhi | Criminal Appeal No(s). 577/2007

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