Breaking: Delhi Court Lets Off Former Delhi HC Bar Association President Rajiv Khosla With Rs. 40K Fine For Assaulting Woman Lawyer In 1994

A Delhi Court on Tuesday let off Former Delhi High Court Bar Association President Rajiv Khosla, recently convicted for assaulting a woman lawyer namely Sujata Kohli in the year 1994, by imposing a fine of Rs. 40,000 on him.

Complainant Sujata Kohli, who was a practicing lawyer earlier, became a judge in the Delhi judiciary and retired as District and Sessions Judge.

Chief Metropolitan Magistrate Gajender Singh Nagar passed the sentencing order in the following terms:

- For commission of offence punishable u/s 323 IPC this Court is of the opinon, having regard to the circumstances of the case including the nature of offence ie. simple hurt and the fact that convict is an old aged person never been convicted in any other case. The undersigned found it expedient that he be released after due admonition. Convict is further directed to pay a total compensation of Rs. 20,000/- out of which Rs. 10,000- to be paid to the complainant victim and Rs. 10,000- to be paid to the State as costs of proceedings. In default of payment of Rs. 20,000/- convict has to undergo simple imprisonment for a period of 30 days.

- For commission of offence punishable u/s 506 IPC Convict is sentenced to pay fine of Rs. 20,000/- out of which Rs. 10,000- to be paid to the complainant victim and Rs. 10,000- to be paid to the State as costs of proceedings.. In default of payment of Rs. 20,000/- convict has to undergo simple imprisonment for a period of 30 days.

The Court added that the said fine is to be paid within a period of one month which should be released to the complainant as and when she appear.

While passing the sentencing order, although the Court took note of the fact that Khosla despite being a member of bar and an oficer of the Court assaulted a lady bar member in the presence of a number of lawyers which was definitely an aggravating factor, it also considered the fact that he was a 65 years old man, who was never convicted in any other case till date as per record of police.

 "Thus, the convict who is aged about 65 years old has for the first time being convicted for an offence which was committed by him 27 years ago, thus this is a mitigating factor to be considered at the time of deciding the punishment. In these circumstances, the undersigned does not deem it fit to send the convict to imprisonment as he is not convicted in any other case, in his entire life of 65 years, and he is a senior citizen," the judge added.

Arguments on sentencing had commenced in the matter on November 15.

About The Controversy

The allegations against Khosla were that in July 1994, when he was the Secretary of Delhi Bar Association, he had asked Kohli to join a seminar and on her refusal, threatened her that all facilities from the Bar Association would be withdrawn and she would be dispossessed of her seat as well.

A civil suit was filed by her seeking appropriate injunction however, her table and chair were removed from its spot. It was thereafter alleged by her in the complaint that when she was sitting on a bench placed nearby her seat while waiting for visit of the Civil judge, Rajiv Khosla alongwith co-accused had came with a mob of 40-50 lawyers.

According to the complainant, they all surrounded her, and Khosla stepped forward and pulled her from her hair, twisted her arms, dragged her by hair, uttered filthy abuses and threatened her.

While the FIR was lodged by police in August 1994, the complainant had filed a complaint case on being utterly dissatisfied with the investigation in March 1995.

The Court was of the opinion that the testimony of the Kohli qua her allegation of being pulled by hair and arm by Khosla and the threat that she will not be allowed to practice from Tis Hazari Court was "absolutely truthful and creditworthy."

"Delhi Bar Association is undisputedly a very strong and formidable body of lawyers and more often, police is very slow in taking any action when it comes to lawyers. In the case in hand the accused was a prominent leader of Bar, at the relevant time he was Honorary Secretary of the DBA," the Court had said on the aspect of Police witnesses not supporting the case of the complainant.

The Court was of the view that the act of pulling someone from hair and arm would result in bodily pain and thus offence under Section 323 (voluntarily causing hurt) IPC was made out as bodily pain was inflicted on the complainant.

The Court had observed thus:

"It is common knowledge that now a days people are becoming self-centered and they find it safe to keep mum even if they see an injustice being done to any person. This is becoming harsh reality these days. These days nobody comes forward to save some one or to stood witness for someone unless and until one has personal interest in the matter."

"The complainant was an advocate, she was aware about all the legal provisions, if she had to cook up a story she could have easily made up a story that in the late hours after dark she was attacked or molested by the accused which is not the case here. In the present case complainant has alleged the attacked in the broadly day light in presence of a number of lawyers, soon before the visiting of Ld Civil Judge. It is impossible for a person to so minutely cook up a story as allegedly done by the complainant."

Title: Sujata Kohli v. Rajiv Khosla & Ors.