Contempt | Delhi High Court Sentences Lawyer To 6 Months In Jail For Making 'Scandalous Imputations' Against Judges In Pleading

The Delhi High Court yesterday sentenced a lawyer to six months in jail after finding him guilty of contempt of court for making “contumacious allegations” and “scandalous imputations” against judges of the High Court as well as District Courts in a criminal appeal filed by him on behalf of a rape survivor.

A division bench of Justice Suresh Kumar Kait and Justice Shailender Kaur sentenced the lawyer to undergo simple imprisonment for a period of 6 months in Tihar jail, with fine of Rs.2,000.

“…the contemnor/respondent has made contumacious allegations in the appeal making scandalous, unwarranted and baseless imputations against the learned Judges of this Court as well as District Courts who have been discharging their judicial function,” the court said.

It added that, being an Officer of the court, making such averments in judicial pleading are more serious in nature and thus, it is incumbent upon the Courts of justice to check such actions with a firm hand which otherwise will have pernicious consequences.

“In view of the aforesaid, in our considered opinion, the respondent/contemnor has committed contempt of Court the Contempt of Courts Act, 1971, accordingly, we hold him guilty,” the court said.

The bench also gave an opportunity to the lawyer to seek an apology in respect of the contemptuous allegations made by him in the criminal appeal. However, he replied in negative.

The lawyer stated that he stands by the allegations he had made against the judges and alleged that they were favoring the accused persons openly.

“Having considered the material placed on record, submissions of contemnor, this Court is of the opinion that contemnor has no repentance for his conduct and actions,” the court said.

The bench directed the concerned SHO to depute some police officials who will take the lawyer to his home to meet with his requests and thereafter, he will be taken to Tihar Jail.

“Jail authorities are also directed to allow the contemnor to take his medicines in jail, i.e. eye drops and medicine for stone in gall bladder, which are being used by him regularly,” the court said.

The appeal filed by the lawyer was listed before the single judge on July 14, 2022. The single judge had then noted that allegations were made against Trial Court and High Court judges in the pleading and issued notice to the lawyer to show cause why contempt proceedings be not initiated against him.

The single judge had observed that though Judiciary is not immune from criticism, such criticism cannot be based on distorted facts or gross misrepresentation of material averments to intentionally lower its dignity and respect.

Counsel for Petitioner: Mr. Kanhaiya Singhal and Mr. Ujwal Ghai, Advocates Mr. Sanjeev Sabharwal, Advocate

Counsel for Respondent: In Person

Title: COURT ON ITS OWN MOTION v. VIRENDRA SINGH ADVOCATE

Citation: 2024 LiveLaw (Del) 41

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