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Bombay HC Issues Contempt Notice to Maharashtra Law Dept Secretary Over Aggressive Outburst in Open Court

Bombay HC Issues Contempt Notice to Maharashtra Law Dept Secretary Over Aggressive Outburst in Open Court

Vihar Shivajirao Durve v. State of Maharashtra, Decided on 1.09.2026

Contempt notice for courtroom outburst

The Bombay High Court has issued contempt notice to Dilip S. Ghumare, Secretary and Senior Legal Advisor, Department of Law and Judiciary, Maharashtra, after observing that he made an aggressive, high-pitched outburst in open court while responding to questions regarding the State’s affidavit on the creation of 179 new posts for Fast Track Courts.

A Division Bench comprising Justice A.S. Gadkari and Justice Kamal Khata was hearing an interim application in a pending Public Interest Litigation concerning the functioning of Fast Track Courts. Referring to its earlier order dated August 24, 2026 and an affidavit filed by Dilip Ghumare on August 4, the Bench questioned the State’s counsel about the averment in a subsequent affidavit dated August 27 that 179 new posts had been created.

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When the Additional Government Pleader was unable to provide a clear response, Justice Kamal Khata asked Dilip Ghumare, who was present in court, to identify the relevant averment and explain who had drafted the affidavit. According to the order, instead of answering, he responded in an aggressive, high-pitched tone (bordering to shouting) and blamed the High Court administration, stating before a packed courtroom that the administration was responsible for not filling the 179 posts.

The Bench held that the conduct was an unwarranted outburst and aggressive demeanor displayed in open court and that it not only scandalised the Court but also undermined and attempted to lower its authority, amounting to contempt ex facie under Article 215 of the Constitution read with Section 2(c) of the Contempt of Courts Act, 1971.

The Court noted that Law Dept Secretary was a senior judicial officer and had previously served as Principal Secretary and R.L.A. to the Law and Judiciary Department and was then serving as Secretary and Senior Legal Advisor. The Bench described his conduct as simply outrageous and manifestly unbecoming of any judicial officer, emphasising that the expectation of maintaining courtroom decorum becomes imperative when the person concerned is himself a judicial officer.

During the afternoon hearing, the Advocate General declined to defend Dilip Ghumare’s conduct but sought permission for the Court to accept his apology. The Bench, however, held that such conduct by a judicial officer in open court, witnessed by those present, was wholly unpardonable and could not be countenanced.

The Court thereafter directed the Registrar (Judicial-II) to issue contempt notice to Dilip Ghumare under Chapter XXXIV, Rule 9(1) of the Bombay High Court Appellate Side Rules, 1960, also referred to as the Contempt of Courts (Bombay High Court) Rules, 1994. The notice has been made returnable on September 11, 2026, with Dilip Ghumare personally present in Court and waiving physical service through the Advocate General.

Appearances

For Applicant: Mr. Narayan R. Bubna a/w Adv. A.A. Achhra

For Respondent(s): Dr. Milind Sathe, Advocate General a/w Smt. Neha Bhide, G.P., Mr. P.P. Kakade, Addl.G.P. and Smt. V.R. Raje, A.G.P. for Respondent-State.

Mr. N.N. Gawade i/b M/s. Sanjay Udeshi & Co. for Respondent No.2.

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Vihar Shivajirao Durve v. State of Maharashtra

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