Bombay High Court Goa hears contempt of court case and grants pardon to accused
Title: District Judge v. Vijay Dargar
Decided on: August 7, 2023
Citation: 2023 SCC OnLine Bom 1609
CORAM: HON’BLE JUSTICE M.S. SONAK AND BHARAT P. DESHPANDE
Facts of the Case
This is a case involving a possible charge under the Contempt of Courts Act, 1971. The court refers to a letter addressed by Mt Dargar to the Managing Director, PEC Ltd. In the letter, Mr. Dargar made some wild allegations, which he should not have made. This Court issued notice to Mr. Dargar because comments have the potential obstructing the administration of justice. Mr. Dargar submitted before us that he had no intention of hurting or committing any contempt of courts and that the letter was a spontaneous outburst in the heat of the moment without realizing the implications. Mr. Dargar also offered an unconditional apology to the learned District Judge-1 and Assistant Sessions Judge, Panaji. He apologised for his absurd and foolhardy reaction which occurred without any application of mind and in the heat of that moment and in sheer depression on news of being condemned to Jail. He said that the entire thing had happened at the heat of that moment and because he did not understand what was happening and due to his little knowledge of Court Proceedings.
Court Analysis and Judgement:
The court sided with Mr. Dargar and was of the view that he has stated before us that he would within fifteen days from today write to the eleven persons/authorities to whom he had marked copies of his letter dated 21.02.2022, withdrawing the allegations made and explaining that such allegations were made in the heat of the moment without any intention to either hurt or malign any person including in particular any judicial authorities. The court accepted Mr. Dargar’s statement as an undertaking to this Court. He has appeared before the Court and has expressed his regrets. He has tendered his apology and prayed that these proceedings may be dropped. Mr. Dargar has explained that he has the highest respect for the institution of judiciary and the comments made by him were in the heat of the moment without application of mind and realization of their implications.
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Written by- Reema Nayak