The Gauhati High Court in the case XXX v. In Re-Utpal Goswami observed wherein a lawyer who made scathing remarks against the Additional District Judge by inter alia wherein commenting upon her attire and comparing her to mythical demon, who was being convicted from criminal contempt.
The Division bench comprising of Justice Kalyan Rai Surana and Justice Devashis Baruah in the case observed and has passed the order after the lawyer, Utpal Goswami wherein pleaded guilty and has tendered an apology.
The court in view of the plea of guilty taken by the respondent or contemnor, the court hereby convicted the respondent contemnor on his plea of guilty which is being taken as per the provision stated under section 14 of the Courts Act, 1971.
In the present case, the Goswami had filed a petition under Section 24 of Civil Procedure Code, 1908 for transfer, the same was being pending before the Court of Additional District Judge, Jorhat. It has been stated by him in the plea that the presiding officer has been presiding the Court by wearing jewellery like a Model in Ramp and that each and every occasion she tried to overpower or to depress the advocates by citing all the unnecessary case laws and the sections of statues without hearing the advocates and has tried to control the Court room wherein behaving like a Gangue.
Further, it has been alleged before the court that the concerned residing officer treats her typist as something special to her, collects eatables from Majuli district through the office assistant of her and also uses official driver and the car for personal work. Further, he also compared the concerned judicial officer to ‘bhasmasur’- who being a mythical character in Purana.
However, Goswami was also being charged with criminal contempt under section 14 (the Procedure where contempt is in the face of the Supreme Court or the High Court) of the Contempt of Courts Act, 1971.
He has also been pleaded guilty to the charge and tendered his unconditional apology. Further, it has been assured by him that he shall never repeat this type of crime in future.
It has also been explained by the court the charge to him, wherein it has been prayed by him for mercy and did not claim to be tried. Therefore, the court also convicted him under Section 14 and has released him on bail wherein the court imposed a personal bond of Rs. 10,000/-.
Further, it has been directed by the court the registry to list the matter on March 20 for sentence hearing.