Karnataka High Court Convicts Lawyer For Contempt Over Shouting, Appearing Intoxicated Before Trial Court; Sends Him To 1-Day Jail
The Karnataka High Court has sentenced an advocate to a one-day simple imprisonment along with fine of Rs 2,000 under Contempt of Courts Act, accused of interrupting court proceedings in an intoxicated state, shouting at a Judicial Magistrate, and making scandalous and unfounded allegations against judicial officers.
The Division Bench of Justice Anu Sivaraman and Justice Venkatesh Naik T observed that the contemnor, instead of demonstrating any remorse or offering viable mitigating circumstances, attempted to justify his actions and made unfounded statements against the judicial institution.
“The very demeanor and tone of the accused is clearly contemptuous of the orders and authority of the Court and the judicial system as such,” the Court said.
It added, “Far from expressing any remorse for the initial criminal contempt committed by him, he has attempted to justify his actions and has proceeded to make scandalous and unfounded statements against the judicial institution as a whole. His conduct can only be termed as deliberate and adamant and reveals complete apathy towards social, moral and judicial codes of conduct...The accused/contemnor is convicted for Criminal Contempt of Court punishable under Section 12(1) of the Contempt of Courts Act, 1971"
The suo-motu contempt proceedings originated from two incidents that took place in Uttara Kannada District Court.
As per the facts On April 8, 2022, the advocate Pankaj Kaushik—a party-in-person in a domestic violence case—entered the court of Additional Civil Judge and JMFC-II, Karwar, and despite his matter not being listed, he started yelling at the Magistrate and bench clerk. He also alleged that the Magistrate had accepted money from his wife to pass favourable orders and made defamatory statements against the High Court Judges. Later, an apology letter was submitted by Kaushik on April 11, 2022.
The second incident occurred on April 20, 2022, when Kaushik interrupted an ongoing argument in a matter taking place in the court of Additional Civil Judge and JMFC-II, Karwar, so that his case can be taken up. The Magistrate, noticing a strong smell of alcohol and unsteady demeanour, sent Kaushik to the Civil Hospital, where a Certificate of Drunkenness confirmed he had consumed alcohol.
The Bench placed reliance on Supreme Court rulings, including Rajendra Sail v. M.P. High Court Bar Association and others (2005 6 SCC 109), wherein it was held, “Alleging bias and mala fides on the part of a High Court Judge and making other derogatory and personal remarks against Judges amounts to Criminal Contempt of Court and the defence of fair criticism is not available where scandalous allegations are raised without any basis.”
Taking into account the chief-examination and cross-examination of two witnesses— a Deputy Registrar of the Karnataka High Court and Additional Civil Judge Shrinivas Patil— along with other evidence, the Court found the charge of criminal contempt proved.
“The accused has not been able to place any mitigating circumstances that would explain his contemptuous conduct. He has committed aggravated contempt in the face of the Court by scurrilous, scandalous and baseless statements against Judicial Officers as well as the Judges of the Court,” the Bench observed.
The High Court, accordingly, sentenced the advocate to one-day simple imprisonment till the rising of the Court alongside a fine of Rs 2,000.
Case Title: High Court of Karnataka v. Sri. Pankaj Kaushik
CRIMINAL CONTEMPT PETITION NO. 10 OF 2022