The Bombay High Court has taken serious note of a litigant’s repeated use of derogatory language and unfounded accusations against judges, observing that such conduct amounts to interference with the administration of justice.
The petitioner had earlier filed a writ petition challenging an order passed by the District Court at Panvel. After the petition was disposed of as infructuous, he continued to make derogatory and baseless allegations of corruption against the concerned District Judge, this Court, the advocate for the respondent, and the judiciary at large. Despite being cautioned, he persisted in repeating such accusations, both orally during proceedings and through written filings.
Justice Gauri Godse observed that unfounded allegations of corruption cross the line into criminal contempt under the Contempt of Courts Act, 1971, as they “scandalise the court and lower the authority of the judiciary.”
The Court noted that the Full Bench ruling in Bombay High Court on its Own Motion v. Ketan Tirodkar 2018 SCC OnLine Bom 3162 and the Supreme Court’s decision in In re: Prashant Bhushan (2021) 1 SCC 745 clearly establish that imputations of corruption against judges, without material proof, amount to criminal contempt.
The Court further pointed out that these binding precedents were not brought to the attention of the learned Division Bench when it decided S.B. Patil v. Manubhai Hargovandas Patel, MANU/MH/7077/2024. As a result, the view taken in S.B. Patil that such remarks may not amount to contempt, appeared inconsistent with the settled Full Bench and Supreme Court rulings.
Accordingly, referring to the Supreme Court’s decision in Lala Shri Bhagwan v. Ram Chand 1965 SCC OnLine SC 73, and invoking Rule 8, Chapter I of the Bombay High Court Appellate Side Rules, 1960, the Court directed that the matter be placed before the Hon’ble Chief Justice for appropriate consideration.
Appearances
Mr. Manubhai H. Patel, Petitioner in person.
Mr. Ashutosh M. Kulkarni, for Respondent on VC.
