The Delhi High Court has closed contempt proceedings against a defendant accused of violating an earlier undertaking not to make defamatory statements against advocates Ritu Bansal and Rajesh Bansal, after he tendered an unconditional apology for a Facebook post referring to the advocates’ ₹5 crore defamation suit as a “false case”. While accepting the apology, the Court warned that any future breach of the undertaking would invite action under the Contempt of Courts Act, including imprisonment, and recorded the defendant’s undertaking to deposit ₹50,000 with the Delhi High Court Bar Association as an act of atonement.
Justice Sachin Datta was hearing an application alleging that the defendant had breached an undertaking recorded in the Court’s order dated December 13, 2021, by making defamatory imputations against the plaintiffs through a Facebook post. The plaintiffs contended that the post violated both the undertaking and the Court’s injunction, causing serious prejudice to their reputation.
Pursuant to an earlier direction, the defendant appeared in person before the Court and tendered an unconditional apology. He also gave an unequivocal undertaking that he would not repeat such conduct and would refrain from making any defamatory or negative imputations against the plaintiffs in the future. The Court took the undertaking on record.
Taking note of the apology and undertaking, the Court refrained from initiating contempt action. However, it made it clear that any future breach would be treated as an egregious violation of the undertaking given to the Court and would invite action under Section 12 of the Contempt of Courts Act, 1971, including imprisonment.
As a gesture of atonement, the defendant also volunteered to deposit ₹50,000 with the Delhi High Court Bar Association. Accepting the statement, the Court directed that the amount be deposited within two weeks and proof of deposit be placed on record within four weeks. The contempt application was accordingly disposed of.
