JUDGMENT :

(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

This Criminal Contempt Case No.10/2022 has been filed by the High Court of Karnataka represented by the Registrar General under Section 15 of the Contempt of Courts Act, 1971 read with Article 215 of Constitution of India against the accused Sri Pankaj Kaushik.

2. The facts leading to filing of this contempt petition is as under:

The Principal District and Sessions Judge, Uttara Kannada, Karwar had submitted the letter dated 12.04.2022 along with letter dated 08.04.2022 of Sri Shrinivas Patil, Additional Civil Judge and JMFC-II, Uttara Kannada District for initiating Criminal Contempt against the accused Sri Pankaj Kaushik, Advocate, Uttara Kannada for his misconduct.

The accused herein is a party-in-person in Domestic Violence case No.11/2014. On 8.04.2022, though his case was not listed before the learned Additional Civil Judge and JMFC-II, Karwar, he appeared before the Court and started to shout and yelled at the Presiding Officer saying that the Presiding Officer had not given the date to his case and he also yelled at the bench clerk for not calling out his case. The Presiding Officer though warned the accused for his misconduct, the accused continued the same. The accused had even made allegations against the Presiding Officer, stating that the Presiding Officer had received money from his wife in domestic violence case and passed the orders in her favour. The said incident was brought to the notice of the learned Principal District and Sessions Judge, Karwar. It appears that the accused had also made defamatory statements against the High Court Judges and while addressing his arguments, he had also yelled at the staff as well. In this regard, on 08.04.2022, the learned Prl. District & Sessions Judge, Karwar addressed a letter to the Registrar General, High Court of Karnataka to initiate disciplinary action against the accused for his misconduct in the Court Hall.

3. Later, on 11.04.2022, the accused submitted an apology letter to the Principal District & Sessions Judge, Karwar stating that he never intended to hurt or cause problem to the Court and he regretted for the inconvenience caused by him and requested to withdraw the complaint against him.

4. On 22.04.2022, the Principal District and Sessions Judge, Uttara Kannada, Karwar, forwarded the letter of Sri Shrinivas Patil, Additional Civil Judge and JMFC-II, Karwar - Uttara Kannada dated 21.04.2022 along with Certificate of Drunkenness of the accused with a request to take necessary action against the accused. As per the letter dated 21.04.2022 of Shrinivas Patil, Additional Civil Judge and JMFC-II, Karwar - Uttara Kannada, on 20.04.2022 at 03.30 p.m. when Senior Counsel Sri K. R. Desai, Karwar Bar Association was addressing his arguments, the accused had interrupted the arguments in the middle and in a disrespectful tone asked him to stop his arguments so that his case may be taken up. When the Presiding Officer intervened, the accused herein did not listen to the Presiding officer and started to yell at everyone. The accused was smelling alcohol and was unsteady. Hence, the Presiding Officer, Karwar sent the accused to Civil Hospital, Karwar, where he tested that he consumed alcohol. Thereafter, the samples were collected and the Certificate of Drunkness was obtained.

5. After receipt of request of the learned Principal District and Sessions Judge and Addl. Civil Judge and JMFC, Karwar, this Court initiated suo-motu contempt proceedings against the accused and notice was issued to him. In response, the accused/respondent filed his objections and contended that the learned Magistrate Sri Shrinivas Patil, Additional Civil Judge and JMFC (II Court), Karwar, has falsely stated that on 08.04.2022, he had committed contempt of Court by consuming alcohol. It is further contended that the Certificate of Drunkenness relied upon by the learned Magistrate is of a later date i.e., 20.04.2022.

6. It is further contended that he nev