Personal Remarks Of Illegal Gratification Made Against Concerned Judge Does Not Amount To Criminal Contempt Of Court: Bombay HC
The Bombay High Court declined a contempt reference filed by a Thane Civil Judge against one Manubhai Hargovandas Patel who made allegations against the Judge about the demand of illegal gratification. The Court held that such personal remarks do not attract Section 15(2) of the Contempt of the Courts Act.
The High Court was considering a Reference made by the 7th Joint Civil Judge Senior Division And Additional Chief Judicial Magistrate, Thane, under Section 15(2) of the Contempt of Courts Act, 1971.
The Division Bench comprising Justice Manjusha Deshpande & Justice Bharati Dangre said, “...we find that though the judicial officer might be justified in adjourning the matter, however it seems that the litigant got disturbed due to the delay and the time consumed in the litigation, and hence he made personal allegations against the referral Judge…”
A.P.P. M. M. Deshmukh appeared for the State/Petitioner.
The Referral Judge stated in his proposal that, one Manubhai Hargovandas Patel-Respondent herein, who was the sole plaintiff in a Summary Civil Suit pending before the said Judicial Officer, while conducting the proceedings in-person, for recovery of money had prayed for issuance of ex-parte Decree. However, the matter was adjourned to the next date for further argument. In the meanwhile, the matter was transferred to the Court of 4th Civil Judge Senior Division, Thane.
On January 4, 2024, Patel appeared and requested for hearing of his matter, which was not possible. Accordingly, the matter was adjourned to the next date. Since already hearing of a time bound matter was in progress, yet considering the age of the litigant the litigant/plaintiff was called upon and was informed about the next date in the matter. Upon which, the plaintiff made personal allegations against the referral Judge, of seeking illegal gratification for hearing the matter. Considering the contemptuous statement made by the litigant/plaintiff, a show cause notice was issued to him.
The Referral Judge also brought to the Court’s notice that the plaintiff had filed one more Application making scandalous remarks and wild allegations against the referral Judge about the demand of illegal gratification. In his reply, the plaintiff did not tender any apology for his scandalous and derogatory remarks but again made some more contemptuous statements. It was brought to the Court’s notice that the plaintiff, in the year 2021, had moved an application making allegations against the Court, so that the Court may not pass any order in the said matter. It was in such circumstances that the referral Judge had requested to take cognizance of the conduct of the plaintiff.
On a perusal of the Reference, Show Cause Notice and Reply given by the plaintiff, the Bench noted that the plaintiff made personal allegations against the judicial officer due to the time consumed in the litigation.
The High Court found that though the judicial officer might be justified in adjourning the matter, however the litigant got disturbed due to the delay and the time consumed in the litigation, and hence he made personal allegations against the referral Judge, of seeking illegal gratification for hearing the matter.
“Considering that these are the personal remarks made against the concerned Judge and it do not amount to ‘causing interference’, in the administration of justice or lowering the authority of the Court and it does not attract Section 15(2) of the Contempt of the Courts Act”, the Bench held.
Thus, finding no case to be made out for Reference, the Bench declined the same.
Cause Title: Mr. S. B. Patil v. Mr. Manubhai Hargovandas Patel [Neutral Citation- 2024:BHC-AS:41565-DB]
Appearance:
Petitioner/State: A.P.P. M. M. Deshmukh