Contempt: Gauhati High Court Sentences Lawyer Convicted For "Character Assassination" Of Judicial Officer To 6 Months Imprisonment

The Gauhati High Court has sentenced Advocate Utpal Goswami, who was convicted for contempt of court for making scathing remarks against an Additional District Judge by inter alia commenting upon her attire and comparing her to mythical demon, to six months imprisonment.The division bench of Justice Kalyan Rai Surana and Justice Devashis Baruah also prohibited him from appearing as an advocate in any Court under the jurisdiction of the High Court for 15 days. It observed,“….the respondent-contemnor has not only made unfounded vitriolic attack on the integrity and impartiality of the learned judicial official concerned, but has also embarked upon character assassination of the said judicial officer. Moreover, the petitioner had also attacked this Court by making disparaging remarks on the selection process of judicial officer by questioning the sanctity of the selection process. The respondent- contemnor has questioned the sanctity of the selection of the judicial officer in the District Judiciary of the State by the Selection Committee of the Gauhati High Court by specifically referring to the “power of money”, “mal-administration”, “taking of undue advantages”, “unlawful relationship”, “predominance of illegal love and affections” and “other wrong practices” during “selection and appointment of judges and magistrates of the district judiciary in Assam.”The bench was of the view that such remarks, by a mature citizen aged 52 years, would encourage other members of the Bar all over the Country to use disrespectful and threatening language against judges whenever any unfavourable orders are passed against their interest. Goswami had filed a petition under Section 24 CPC for transfer, which was pending before the Court of Additional District Judge, Jorhat. In the petition, he said “the presiding officer has been presiding the Court by wearing jewelry like a Model in Ramp and that each and every occasion she tried to overpower/depress the advocates by citing unnecessary case laws and sections of statues without hearing the advocates and tries to control the Court room behaving like a Gangue.” He further alleged that the concerned presiding officer treats her typist as something special to her, collects eatables from Majuli district through her office assistant and also uses official driver and car for personal work. He further compared the concerned judicial officer to ‘bhasmasur’- a mythical character in Purana. Goswami was charged with criminal contempt under section 14 (Procedure where contempt is in the face of the Supreme Court or a High Court) of the Contempt of Courts Act, 1971. In his affidavit, he pleaded guilty to the charge and tendered his unconditional apology. He further assured that he shall never repeat this type of crime in future. However, the Court convicted Goswami vide order dated March 9, on his plea of guilty being taken, as per the provision of section 14 of the Contempt of Courts Act, 1971. It said the unconditional apology tendered by the Goswami is not sufficient to dilute or denude the fierce intensity by which the he had committed the contempt of Court by using harsh and unacceptable language against the judicial officers concerned, thereby undermining their integrity while discharging their official duty.The matter was being heard by the Court for sentence hearing. The Court held that Goswami has interfered with the administration of justice by casting aspersion on the Judges of the High Court, Registry and the officials connected with the Appointment Section. “…it is apparent that the respondent-contemnor had made scathing and vitriolic attack on the judiciary in general and the concerned judicial officer in particular, which amounts to character assassination of one and all. Such character assassination has been done only to make out a case for transfer of a judicial proceeding from one Court to another Court, which amounts to forum hunting.” Case Title: XXX v. In Re-Utpal Goswami Coram: Justice Kalyan Rai Surana and Justice Devashis Baruah ClickHere to Read/Download The Order

Contempt: Gauhati High Court Sentences Lawyer Convicted For "Character Assassination" Of Judicial Officer To 6 Months Imprisonment

Udit Singh

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