The Delhi High Court in the case Court On Its Own Motion v. Virendra Singh Advocate observed and has sentenced the lawyer to six months in jail after finding him guilty of contempt of court for making ‘contumacious allegations’ and ‘scandalous imputations’ against the judges of the High Court as well as District Courts in a criminal appeal filed by him on behalf of a rape survivor.
The Division bench comprising of Justice Suresh Kumar Kait and Justice Shailender Kaur in the case observed and has sentenced the lawyer undergo simple imprisonment for a period of 6 months in Tihar jail, with fine for an amount of Rs.2,000.
The court stated that the contemnor or 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 stated that he being on officer of the court and while 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.
The court stated that this court is of the opinion that the respondent or contemnor has committed contempt of Court the Contempt of Courts Act, 1971, accordingly, this court hold him guilty.
The bench in the case observed and has also given the 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. Further, 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.
The court while considering the facts and circumstances of the case observed and has made the allegations which he had made against the judges and alleged that they were favoring the accused persons openly. The court is of the opinion that the contemnor has no repentance for his conduct and actions.
The bench in the case observed and has 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.
The court also directed the Jail Authorities 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. Therefore, the appeal filed by the lawyer was listed before the single judge on July 14, 2022.
The bench headed by single judge noted that the 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 bench headed by single judge in the case observed that though Judiciary is not immune from criticism, such criticism cannot be based on distor istorted facts or gross misrepresentation of material averments to intentionally lower its dignity and respect. The counsel, Advocate Mr. Kanhaiya Singhal and Advocate Mr. Ujwal Ghai, Advocate Mr. Sanjeev Sabharwal appeared for the Petitioner.
The Counsel for Respondent: In Person