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Bombay HC Takes Contempt Against Litigant Who Shouted At Judge And Asked Him To Behave Like A Public Servant [Read Order]

Nitish Kashyap
21 April 2017 5:18 PM GMT
Bombay HC Takes Contempt Against Litigant Who Shouted At Judge And Asked Him To Behave Like A Public Servant [Read Order]
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Justice KR Shriram of the Bombay High Court on Friday directed its registry to issue suo-motu contempt notice against a litigant who started shouting during the middle of court proceedings and asked him (Justice Shriram) to “behave like a public servant”.

According to the order dated April 20, while hearing a notice of motion brought in a suit, the court appointed an architect to inspect a suit property in order to determine whether the said property can be divided into metes and bounds. This order was passed after obtaining consent from both parties.

However, defendant no.1 Anil Gidwani, who was appearing in person, stated that he was submitting to decree with regard to the said property subject to certain conditions. The court then reminded Gidwani that no such conditions were mentioned in his notice of motion.

To this, Gidwani said an amendment to the affidavit in support was made and that the court “was being very technical”.

Gidwani’s conduct from this point on was recorded by the court thus:

The conduct of defendant no.1, right from the beginning, has been rather offensive. He was disrespectful and contemptuous.

When this last part of the order was being dictated, defendant no.1 again started raising his voice and shouting [“You are a Public Servant and that this Court should behave itself like a Public Servant should behave.”]

Defendant no.1 was addressing the Court in an aggressive, discourteous and offensive manner. His demeanour was loud and disrespectful and to my mind intended to interfere with the administration of justice and lower the dignity and authority of the Court. The language used, the tone and the manner in which it was expressed was calculated to insult, show disrespect, to overbear and overawe the Court.”

Gidwani was taken into custody till the end of court hours and has been barred from addressing the court in person.

Read the Order here.

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