Delhi High Court: In a Criminal Contempt Reference registered for contempt reference dated 22-03-2021 forwarded by Additional District Judge, Tis Hazari Courts, Delhi, a Division Bench comprising of Suresh Kumar Kait and Manoj Jain, JJ. discharged him in view of his medical condition and refrained from taking any coercive action against the contemnor for the disrespect shown to the concerned court.
The Court stated “We discharge him, albeit, with a word of caution that whenever he appears before any Court in any case or otherwise, he would maintain the decorum of the Court.”
Background
The Additional District Judge vide letter dated 22-03-2021, made a reference that stated that while the Court was hearing a matter, an advocate started talking in a high volume. When the Court asked him to wait since the Court was hearing a matter, the advocate furiously said that it was the duty of the Court to wait for him since they are made for that only.
When asked to lower his volume, he did not do so but shouted at the Court while stating that he had been practicing in the courts for the last 45 years and that many of his juniors had become judges. He also addressed the Court in a derogatory manner and said he was not afraid of anything.
Even after numerous attempts by the Court to ask him to behave properly, he kept speaking in a loud voice and misbehaving. The Court then said that his conduct would be brought to the notice of the High Court to which the advocate replied in a derogatory manner. The letter also described the pain and anguish of the judge since the behaviour of the advocate was to llower the reputation of the Court in the eyes of the public.
On 09-11-2021, the Court was informed about the details of the advocate, the alleged contemnor, and he was issued a notice for appearing before the Court. Further complaints dated 01-04-2023 and 05-04-2023 were received in respect of repetitive misbehavior and raising of voice by the advocate while the Additional District Judge was sitting on dais and holding court.
The petitioner failed to appear before the Court on two dates — 15.01.2024 and 07.03.2024 after which bailable warrants were issued against him through the SHO concerned. Upon appearing before the Court, the contemnor produced medical documents for the Court’s perusal. The documents submitted were copies from Ashray Psychiatric Clinic and Rehabilitation Home, the Institute of Human Behaviour and Allied Sciences, the Department of Dr. Rajendra Prasad Centre for Ophthalmic Sciences, All India Institute of Medical Sciences, and Deep Chand Bandhu Hospital which suggest that he was having behavioral issues and undergoing treatment for the same.
Analysis and Decision
The Court noted that the way the submission was made by the contemnor confirmed that he was suffering from acute behavioral issues and seemed frustrated and annoyed for reasons best known to him. The respondent also reported very poor vision and that he was unable to read, write, or even realize what to speak and how to speak.
The Court stated that, considering the respondent’s medical condition, they had refrained from taking any coercive action for the disrespect shown to the court concerned. The Court discharged him but also gave him a word of caution that whenever he appears before any Court in any case or otherwise, he would maintain the decorum of the Court.
The Court, while disposing of the petition, directed the Registry to communicate this order to the Bar Council of Delhi to direct the respondent to appear before the Council and assess whether he is fit to continue in this profession.
[Court on its own motion v. Ranjeet Singh Malhotra, 2024 SCC OnLine Del 3853, Order dated 20-05-2024]
Advocates who appeared in this case:
For Petitioner — None
For Respondent — Party-in-person, Advocate Punya Rekha Angara, Advocate Mueed Shah for Senior Advocate N. Hariharan
