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Gujarat High Court Frames Contempt Charges Against 64 Year Old Man For Using 'Defamatory' Language Against Justice Sonia Gokani

Sparsh Upadhyay
20 April 2022 2:01 PM GMT
Gujarat High Court Frames Contempt Charges Against 64 Year Old Man For Using Defamatory Language Against Justice Sonia Gokani
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The Gujarat High Court has framed contempt charges against a 64-year-old man (Anand H. Goswami) for using 'defamatory language' against Justice Sonia Gokani in the year 2013. The Court found that with reference to Criminal Misc. Application No.12353 of 2012, Goswami/Respondent had, in February 2013, cast unwarranted defamatory assertion upon the character and ability of Justice Gokani.It may...

The Gujarat High Court has framed contempt charges against a 64-year-old man (Anand H. Goswami) for using 'defamatory language' against Justice Sonia Gokani in the year 2013.

The Court found that with reference to Criminal Misc. Application No.12353 of 2012, Goswami/Respondent had, in February 2013, cast unwarranted defamatory assertion upon the character and ability of Justice Gokani.

It may be noted that the contempt case against Anand H. Goswami/Respondent was initiated in November 2013, after the HC had come to the prima facie opinion that Goswami had used contemptuous language against Justice Gokani in a communication made by him.

It may be noted that a bench of Justice M. R. Shah and Justice R. P. Dholaria had issued a notice upon Goswami on November 29, 2013. Now, on April 19, 2022, the bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri charged Goswami/Respondent as follows:

1. That you have used defamatory language against Hon'ble Judge of this Court and thereby you have tried to attack an individual judge and on the Court as a whole with reference to Criminal Misc. Application No.12353 of 2012 by casting unwarranted defamatory assertion upon the character and ability of Hon'ble Judge.

2. Scandalizing the Court in the aforesaid manner amounts to a criminal contempt as defined under Section 2(c)(i), (ii) and (iii) of the Contempt of Courts Act 1971. The hostile criticism of judges and unwarranted attack on a Judge or a Court by means of submitting representations/ complaints dated 2.9.2013 would amount to scandalizing the Courts within the meaning of Section 2(c) of Contempt of Courts Act, 1971.

3. Defamatory language used by you Mr. Anandgiri Harigiri Goswami is with an intention and object to scandalize the Court and such acts would be falling within the meaning of definition of Section 2(c) of the Contempt of Courts Act, 1971.

Against this backdrop, the Court concluded that by way of these acts, Goswami had tried to interfere with and obstructed the administration of justice. Further taking cognizance of the said acts which are punishable under Sections 11 and 12 of the Contempt of Courts Act, the Court directed that Goswami be tried by the Court on the said charge.

The matter has now been listed for further hearing on June 10, 2022.

Case title - SUO MOTU v. ANAND H GOSWAMI [R/CRIMINAL MISC.APPLICATION NO. 18552 of 2013]

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