Bombay High Court Takes Cognizance Of Civic Officer, Advocate Abusing And Assaulting Court Peon, However Accepts Their "Unconditional Apologies"

The Bombay High Court recently took suo motu cognizance of an "unfortunate incident" which took place in the Court premises, wherein an advocate and an official of the Nashik Municipal Corporation (NMC) abused a court peon in a filthy language after they were asked to maintain silence.

A division bench of Justices Ajay Gadkari and Kamal Khata was disturbed to take note of the incident and therefore, asked its peon Atul Tayade to lodge a criminal case against advocate Dinesh Kadam and NMC's Deputy Municipal Commissioner Mayur Patil, for abusing him and threatening to get him removed from his job.

The judges in their November 14 order, stated that due to the present assignment (cases related to Municipalities etc) there are lot of litigants attending their cour room and thus, the bench have directed it's Peons and also the Police Constables on duty to direct litigants to maintain silence and peace not only within the Court room but also outside the court i.e. in the corridors of the Court.On November 14, between 1.30 p.m. to 1.40 p.m. the peon Tayade, informed the judges, in their Chamber and narrated the incident occurred in the corridors.

"He informed us that, when he was trying to maintain peace in the corridors of the Court under our directions, one person by name Mayur Patil accompanied with an Advocate Dinesh Kadam verbally abused him in filthy language and tried to physically assault and manhandle him," the bench recorded in its order.

The judges, further noted that Patil had shown Tayade his identity card being a Deputy Commissioner of Municipal Corporation of Nashik.

"Advocate Kadam, accompanied with Patil threatened our peon by saying that, he would lodge a complaint against him with the appointing Authority and his services would be terminated by the evening. We consciously avoid reproducing the filthy and unparliamentary language used by advocate Kadam accompanied with Patil to maintain decency and dignity," the bench noted.

It therefore, suggested Tayade to lodge a complaint against the duo under the relevant provisions of the Bharatiya Nyaya Sanhita against Patil and advocate Kadam the act, they committed in the precincts of the Court."At that juncture, Senior Advocate Ram Apte and Advocate Subhash Jha intervened and requested this Court not to take any stringent action or to further precipitate the matter, as it may ruin the professional career of Advocate Kadam," the judges noted.

Subsequently, both Kadam and Patil furnished their respective personal affidavits and tendered "unconditional apology," not only to the Court but also to Tayade. The judges, therefore, accepted the said apologies.

"However, we caution both Kadam and Patil to be cautious and careful in future and not to indulge such act/s and/or activity/ies in the precincts of any Court in the State of Maharashtra," the judges said while closing the case.

Case title: High Court of Judicature at Bombay on its Own Motion vs. Mayur Gulabrao Patil & anr. (SUO MOTU WRIT PETITION NO. 02 OF 2024) 

Citation: 2024 LiveLaw (Bom) 612

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