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Circulating Malicious Material Against Judiciary At Nat'l-Int'l Level Amounts To Inciting People Against Rule Of Law: P&H High Court
Sparsh Upadhyay
24 Feb 2023 12:52 PM GMT
Sentencing dismissed Punjab Police DSP Balwinder Singh Sekhon and his aide to 6 months imprisonment in a criminal contempt case, the Punjab and Haryana High Court on Friday observed that circulating malicious material against Judiciary at National-International Level amounts to inciting people against the Rule of Law.Finding the videos featuring Sekhon and his aide and the content of the same...
Sentencing dismissed Punjab Police DSP Balwinder Singh Sekhon and his aide to 6 months imprisonment in a criminal contempt case, the Punjab and Haryana High Court on Friday observed that circulating malicious material against Judiciary at National-International Level amounts to inciting people against the Rule of Law.
Finding the videos featuring Sekhon and his aide and the content of the same as 'derogatory', 'malicious', 'libelous' and 'against the constitutional authorities and the Judiciary', the bench of Justice G. S. Sandhawalia and Justice Harpreet Kaur Jeewan observed thus:
"...mud-slinging by way of open publication and representation of such malicious material being circulated not only at the national but international level, amounts to inciting people at large against the Rule of Law and against one of the basic wing of the democratic set up under the Constitution of India consisting of the Legislature, Executive and the Judiciary."
Against this backdrop, the Court noted that there was no reason to postpone the contempt proceedings against Sekhon, his aide for requiring any trial, and hence, the Court sentenced them to 6 months imprisonment and also imposed a fine of Rs. 2000 each.
In its order, the Court stressed that once it had invoked Article 215 of the Constitution of India read with the fact that the contempt was in the face of the Court under Section 14 of the Contempt of Courts Act, 1971, there is enough judicial precedents that evidence will not have to be led for delaying the matter and for quick dispensation of justice in such like cases to ensure that the message goes home. Hence, after finding them guilty, both were sentenced as mentioned above.
Significantly, after being sentenced to 6 months imprisonment, Balwinder Singh Sekhon raised the slogans “𝐉𝐮𝐝𝐢𝐜𝐢𝐚𝐥 𝐆𝐮𝐧𝐝𝐚𝐠𝐚𝐫𝐝𝐢 𝐌𝐮𝐫𝐝𝐚𝐛𝐚𝐝” in the open Court which, the court added, compounded the contempt.
The background of the case
Earlier on Feb 15, the Court had issued a criminal contempt notice to Sekhon for willingly taking on the High Court in order to achieve their personal ends.
The Court noted that Sekhon, who had filed a writ petition in 2021 challenging the order of his dismissal from service, had been circulating videos pertaining to the judicial proceedings which are being conducted by other judges.
The bench had also noted that in one of the videos, referring to more than 10 Judges of the Punjab & Haryana High Court and one sitting Judge of the Supreme Court, scandalous allegations have been made by Sekhon and therefore, a copy of the Court's order and the transcript of the video proceedings was sent to Sekhon to answer the charge.
However, after the proceedings ended on February 15, they (Sekhon and an alleged legal expert, Pardeep) aired themselves in open public at the entrance of the Court and launched a vicious tirade on the proceedings which had been conducted. Consequently, the Court took up the suo moto case today pertaining to their conduct on Feb 15.
The Court, in its February 20 order, noted that Pardeep, who put in an appearance in an effort to defend Sekhon before the Court on Feb 15, made a public remark disparagingly about one of the Judges (part of the bench) and the fact that his father was also a Chief Justice and he also did not have the guts to open the reports.
Apart from several other allegations, it was further commented that the Judges have been leashed by a certain set of people.
In fact, in one of the videos, the Court found that the Judges of the Court were abused to the fullest and that personal allegations were leveled against the Bench of the Court which was hearing the matter and which had issued the notice.
Taking into account the facts of the matter and against the backdrop of the circumstances of the Court, the Court on Monday made an order for their arrest and directed that they be sent to judicial custody and thereafter be produced before the Court to answer the charge of contempt.
Observations in Court's Friday Order
The Court noted that during their policy custody, both the contemners (Sekhon Pardeep) gave media bytes to the news channel and newspaper reporters in the Court premises at Ludhiana. In fact, the Commissioner of Police, Ludhiana, informed the Court there was an apparent lapse on the part of the police officials/officers on duty.
Consequently, a departmental inquiry had been initiated against SHO Sarabha Nagar, Ludhiana and an explanation has been sought from the ACP Crime-1, Ludhiana, and ACP West, Ludhiana regarding this aspect.
Taking into account these submissions, the Court directed the State of Punjab to file a status report, in the form of a personal affidavit of the Director General of Police, Punjab, regarding the departmental proceedings which are being conducted against any such officials and that the same shall be finalized expeditiously.
The Court also sought an explanation whether such offending videos, which are constantly being posted on social media platforms for the last six months, amount to an offence under various provisions of the Indian Penal Code, 1860, The Information and Technology Act, 2000 and other Special Acts or not.
"The affidavit will also give an explanation as to why any such proceedings were not initiated against the persons who were constantly uploading/posting such videos and why there is dereliction of duties on their behalf in this regard. State shall also give details whether under which other provisions, it has the authority to detain people who indulge in such activities," the bench sought to know from the state of Punjab in 4 weeks.
Further, the Court was apprised by the social media platforms (Facebook, Twitter and Youtube) that they are working towards blicking of such videos and some videos have been blocked as well.
Case title - Court on its Own Motion vs. Union of India and others
Citation: 2023 LiveLaw (PH) 31
