Court on its own motion v. Virendra Singh, Advocate (Delhi High Court)

Court: Delhi High Court
Head Notes:

Contempt of Courts Act , 1971 .

S. 2(c)(i) : Contempt of Court-Criminal contempt-For making Scandalous , unwarranted and baseless imputations against several sitting Judges of the High Court and district Courts-Court has sentenced a lawyer to six months imprisonment after holding him guilty of criminal contempt. [S. 5, 14, 15]

Contemnor has made certain allegations against the learned sitting Judges of the High Court and learned Judges of the District Court. The learned Single Judge held that a bare perusal of the averments made show that they are scandalous and aimed at lowering the dignity and majesty of this Court. They have been made malafidely to interfere with administration of justice and amounting to contempt, intrinsically contemptuous in nature and fall within the definition of “Criminal Contempt” of the Contempt of Courts Act, 1971 under Section 2(c)(i). On appeal the division bench held that the contemnor/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. Moreover, being an Officer of this Court making such averments in the judicial pleading are more serious in nature. It is incumbent upon the Courts of justice to check such actions with a firm hand which otherwise will have pernicious consequences. Court also observed that having considered the material placed on record, submissions of contemnor, Court held that the contemnor has no repentance for his conduct and actions. Accordingly directed for undergo simple imprisonment for a period of 6 months with fine of Rs. 2,000/-. (Cont. Cas (CRL) 4/2022 dt. 9th January, 2024)
Court on its own motion v. Virendra Singh, Advocate (Delhi)(HC) www.itatonline.Org.
[Coram : Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Ms. Justice Shalinder Kaur]

Law:
Section(s): S. 2(c)(i) of Contempt of Courts Act , 1971
Counsel(s): Mr. Kanhaiya Singhal and Mr. Ujwal Ghai, Advocates
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Date of upload: January 11, 2024

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