Allegations Against Judge| There Exists A Fine Line Of Distinction Which Separates Critique From Allegations Fuelled By Disdain And Hostile Intent To Scandalize Court: Delhi HC
The Delhi High Court has issued a show cause notice to a man for his allegations against a Judge on account that the statements were advanced with malafide intention to interfere with the administration of justice.
The Court further held that there is a fine line of distinction that separates critique from allegations fuelled by disdain and a hostile intent to scandalize the court.
The Court said this in an appeal filed by a man against the Single Judge’s judgment.
A Division Bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said, “In our opinion, the statements have been advanced with the malafide intention to interfere with the administration of justice. This Court cannot disregard vilification of this magnitude against a judge of this Court.”
Naresh Sharma i.e., the appellant appeared in person while CGSC Rakesh Kumar, ASC Sanjeev Bhandari, and Advocate Kunal Mittal appeared for the respondents.
An appeal was filed by the appellant against the judgment dated July 20, 2023 passed by the Single Judge in W.P. (CRL) 1809/2023 titled “Naresh Sharma v. Union of India & Ors.” and connected matters.
The High Court in the above regard noted, “Upon reading the above averments, it was put to the Appellant, who appears in person, to render an explanation for the same, however, none is forthcoming. The present appeal contains unsubstantiated and whimsical allegations of criminal acts by learned Single Judge seeking the punishment of death penalty and a comparison of the judge to the devil, which is distasteful and unacceptable.”
The Court observed that the averments are prima facie aimed at scandalising and lowering the authority of the Court and hence, pleadings in the appeal must be taken cognizance of.
“Considering the above, let notice be issued to the Appellant i.e., Naresh Sharma s/o Dev Raj Sharma, 119, SB Nagar, Pathankot–145001, Punjab, to show-cause as to why proceedings for criminal contempt under Section 2(c) read with Section 12 of the Contempt of Courts Act, 1971 should not be initiated against him. The notice shall indicate that, the Appellant, shall file a reply to the show-cause notice, on or before the next date of hearing”, directed the Court.
Accordingly, the High Court listed the case for the next hearing on September 18, 2023.
Cause Title- Naresh Sharma v. Union of India and Ors.
