The Bombay High Court has issued notice to Dilip S. Ghumare, Secretary and Senior Legal Advisor, Department of Law and Judiciary, as to why contempt proceedings should not be initiated against him for his conduct in open court. The Court observed that Mr. Ghumare had launched into an aggressive, high-pitched tone bordering on shouting while blaming the High Court administration for not filling up 179 posts created for Fast Track Courts, and such conduct cannot be pardoned.

A Division Bench of Justice A.S. Gadkari and Justice Kamal Khata was hearing an Interim Application in a Public Interest Litigation concerning its previous order dated August 24, 2026 and an affidavit filed by Mr. Ghumare on August 4, 2026.

When the Bench questioned the Additional Government Pleader about the averments in an additional affidavit dated August 27, 2026 regarding the creation of 179 new Fast Track Court posts, he was unable to provide a clear response, following which the Court questioned Mr. Ghumare. Instead of responding to the Court's query, Mr. Ghumare allegedly made an unwarranted outburst and blamed the High Court administration, stating that the administration was responsible for not filling up the 179 posts.

The Court held that Mr. Ghumare's aggressive demeanor, deliberately displayed in open Court in full public view constituted contempt ex facie, as contemplated under Article 215 of the Constitution of India read with Section 2 (c) of the Contempt of Courts Act, 1971. It observed:

“… Mr. Ghumare's unwarranted outburst and aggressive demeanor, deliberately displayed in open Court in full public view while attempting to justify the stand in his Affidavits, not only scandalized the Court but undermined and attempted to lower its authority, constituting contempt ex facie…”

The Bench noted that Mr. Ghumare is currently Secretary and Senior Legal Advisor in the Department of Law and Judiciary. It observed that his conduct constituted a deliberate and unwarranted assault upon the dignity and authority of this Court.

“His intemperate outburst against this Court's administration in full public view constituted a deliberate and unwarranted assault upon the dignity and authority of this Court. Such conduct is manifestly unbecoming of any judicial officer and simply outrageous, falling far below the standard we would expect,” the Court remarked.

The Court emphasized that all litigants are expected to maintain decorum and respect the sanctity of these proceedings, and this becomes imperative when the person is himself a judicial officer.

The Advocate General sought permission to accept his apology. The Court, however, observed that such conduct by a Judicial Officer in open Court, witnessed by all present, was wholly unpardonable and could not be countenanced.

“… he is a Judicial Officer and cannot start regarding the Court as utterly insignificant, irrelevant or inconsequential in any manner nor can it be lightly trammeled upon… Regardless of the substance of the dispute, it does not confer on him the privilege to treat this Court with utter disrespect,” the Court cautioned.

The Bench further observed that a Judicial Officer cannot exhibit such behaviour in open Court and thereafter expect a pardon through an apology. It said permitting such conduct would convey a troubling message that an otherwise inexcusable act could be committed in open Court with impunity and subsequently followed by an apology.

Accordingly, the Court directed the Registrar Judicial-II to issue notice to Mr. Dilip S. Ghumare under Chapter XXXIV, Rule 9(1) of the Bombay High Court, Appellate Side Rules, 1960, also called the Contempt of Courts (Bombay High Court) Rules, 1994, asking him why contempt proceedings should not be initiated against him.

Case Title: Vihar Shivajirao Durve v. State of Maharashtra [Interim Application No.2678 of 2025 in PIL No.219 of 2013]

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