Disrespectful Conduct Is Not Tolerated: Supreme Court Upholds Advocacy Verdict
Case Title: Gulshan Bajwa v. Registrar, High Court Of Delhi & Anr
Case No.: Criminal Appeal No. 577/2007
Decided On: 30.01.2024
Coram: Hon’ble Mr. Justice Vikram Nath and Hon’ble Mr. Justice Pamidighantam Sri Narasimha
Facts of the Case:
A ruling in Criminal Contempt by the Delhi High Court served as the basis for this case. The appellant, a former army member and attorney, was found guilty of making false accusations against judges and intimidating a female advocate. Even when warrants were issued and other measures were taken to ensure his appearance, he did not show up. He was fined and given a three-month jail term by the High Court. After receiving an appeal, the Supreme Court maintained the conviction but changed the penalty to incarceration until the court reconvenes because of the appellant’s advanced age and health. Three connected cases were rescheduled for different hearing dates. The amended sentence was affirmed, and the appeal was rejected.
Legal Provisions:
In this case, the appellant was found guilty of contemptuous behaviour in accordance with the Contempt of Courts Act, 1971. Using its suo motu contempt authority, the High Court fined the appellant and sentenced him to three months of civil jail. The appellant was found to have intentionally interfered with the administration of justice by repeatedly missing court dates and by making unfounded accusations against judges. Due to the appellant’s advanced age and health, the Supreme Court maintained the conviction, changed the penalty, de-tagged the case, and convened a separate hearing on relevant issues.
Issues:
The issue concerns whether the facts and evidence put out in the case supported the High Court’s judgment to find the appellant guilty of contempt of court and to sentence him or her accordingly.
Court’s analysis and decision:
The appellant was found guilty of criminal contempt by the High Court for a number of misdemeanors, including threatening opposing counsel and bringing unfounded accusations against judges. He never showed up in court, even though there were many attempts to get him to appear. In a thorough ruling, the High Court declared him guilty and imposed a fine and three-month jail term. In response to an appeal, the Supreme Court maintained the conviction but changed the punishment to incarceration until the court reconvenes in light of the appellant’s advanced age and health. Unrelated cases were also de-tagged by the court for a subsequent hearing.
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Written by – Aastha Ganesh Tiwari