High Court of Delhi
SANJEEV SACHDEVA, J.
Montreaux Resorts P. Ltd. & Others – Petitioner
Versus
Sonia Khosla & Others – Respondent
CONT. CAS (C). No. 165 of 2008
Decided On : 13-01-2015
Advocates Act, 1961 - Section 35, 49 (1)(c), 49 (1)(ah) - Professional misconduct - Behaviour - Contempt - Injunct legal proceeding - Vexatious or frivolous litigation - Show cause notice - Applicant has committed contempt of court in describing the Division Bench as "Dedh Bench" - A contemptuous remark calculated to denigrate the dignity of this court - Show cause notice issued to the applicant - Conduct of respondent before the Judges of this Court as also before the judicial officers of the subordinate court and the Company Law Board and the Arbitral Tribunal clearly poses a real and imminent threat to the purity of the Court proceedings - Over and above the orders that may be passed by the Court on the suo moto Civil and Criminal Contempt proceedings that have been initiated and the action that the Bar Council, in exercise of its disciplinary powers - Respondent has got himself enrolled with the Bar Council of Karnataka - Deepak Khosla has been enrolled by the Bar Council of Karnataka and he as per his statement has been predominantly practicing in Delhi - No case has been filed by him within the jurisdiction of the State Bar Council of Karnataka - Costs have been imposed on Deepak Khosla for filing frivolous applications, protracting litigation, abusing the process of courts etc. which costs have remained unpaid - Imposition of costs and pre-emptory orders being passed by the courts have not deterred Deepak Khosla from filing further applications - Show Cause Notice issued by the Division Bench is disposed - Directions issued - Deepak Khosla is prohibited from personally appearing and addressing any court - Deepak Khosla is prohibited from filing any application or petition in the Delhi High Court till he furnishes to the Registry the proof of deposit or payment - Deepak Khosla is at liberty to engage an advocate to represent and appear for him in his personal litigation - Period of one year has been fixed to enable the Respondent to introspect over his conduct and to learn to respect the court and the system of administration of justice and to mend his behaviour and attitude towards the courts and the judicial officers.
Sanjeev Sachdeva, J.
1. Little did the framing fathers of the Constitution and the legislators visualize that the privilege and liberty granted to an individual to approach the court of law and to appear for himself and for others either as an attorney or as an advocate could and would be misused and abused to such an extent as has been done by this one individual Mr. Deepak Khosla.
2. 32 learned Judges of this High Court (including former and sitting judges), judges of the subordinate courts, the Company Law Board and the Arbitral Tribunal comprising of former judges of this Court and a former judge of the Supreme Court have recused themselves since 2008 from hearing the cases in which either Mr. Deepak Khosla is a party or appearing as an attorney or as an advocate.
3. Various judicial orders imposing costs and even initiating contempt proceedings both civil and criminal have not deterred him from continuing with his conduct.
4. The Courts in India are perceived as temples of justice and the Judges as its priests. The legal profession is considered world over as a very honourable profession. The members of the profession hold a special place in the society. They are looked upon by others as leaders, advisors, mentors, guides etc. One individual by his conduct has attempted to pollute the stream of administration of justice and the very purity of the Courts' atmosphere.
5. Mr. Deepak Khosla started appearing in a litigation first as an authorised representative of his wife and father and of a company but later on during the pendency of the litigation has gone on to study law and has joined the legal profession.
6. Members of the legal profession are required to maintain higher standards of behaviour and conduct than an ordinary citizen.
7. Despite entering the legal profession and donning the robes of a member of the legal profession the behaviour and conduct of Mr. Deepak Khosla has not changed.
8. By Order dated 24.04.2012 the Division Bench of this Court in LPA No. 16/2012 held that the High Court has inherent power distinct and separate from power of contempt to injunct/sanction vexatious or frivolous litigation, vexatious/habitual litigants, contumelious litigant and issue appropriate directions, including prohibiting the said litigant from appearing and arguing matters in person and for others and from initiating or filing proceedings, except with permission of the Court. The Division Bench further directed that the Order dated 04.01.2012, passed by a learned Single Judge, would be treated as a Show Cause Notice. The order of the Division Bench has been upheld by the Supreme Court by order dated 19.09.2012 in SLP(C) No. 15004/2012.
9. The present order is being passed pursuant to the directions of the Division Bench by Order dated 24.04.2012.
10. For the disposal of the Show Cause Notice in terms of the directions of the Division Bench, it is necessary to examine the behaviour and conduct of Mr. Deepak Khosla in the Courts.
11. By Order dated 25.09.2008, in Co.A.(SB) 6/2008 a learned Single Judge of this Court has recorded as under:
“In view of the scandalous averments contained in this application, it appears that the applicant has no confidence in me and, therefore I recuse myself from hearing this application.”
12. By Order dated 28.01.2009 in Co.A.(SB) 7/2008 another learned Single Judge of this Court held as under:
“3. The applications before this court are in the nature of a review of hearing wherein a brother colleague has recused himself for reasons of scandalous averments contained in CA No. 1000/2000. It is well settled that consideration of any application has to abide by judicial record which is placed before the court. Fully conscious of the well settled legal position, unfounded allegations, before even submissions could be completed by counsel, have been made.
4. ...............
7. .....At this stage, Mr. Deepak Kh
Andre Paul Terence Ambard v. Attorney General of Trinidad [AIR 1936 PC 141 : 1936 All LJ 671]
Baradakanta Mishra v. Registrar of Orissa High Court [(1974) 1 SCC 374 : 1974 SCC (Cri) 128]
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NIRMALA J. JHALA V. STATE OF GUJARAT
O.P. SHARMA V. HIGH COURT OF PUNJAB & HARYANA
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R.K. ANAND V. DELHI HIGH COURT
Rustom Cowasjee Cooper v. Union of India [(1970) 2 SCC 298 : AIR 1970 SC 1318] : (SCC p. 301
Shamsher Singh Bedi v. High Court of Punjab & Haryana [(1996) 7 SCC 99 : 1996 SCC (Cri) 181]
Supreme Court Bar Assn. vs. Union of India [(1998) 4 SCC 409 : JT (1998) 3 SC 184]
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