SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2016 Supreme(Del) 965

IN THE HIGH COURT OF DELHI AT NEW DELHI
NAJMI WAZIRI AND ASHUTOSH KUMAR, JJ.
COURT ON ITS OWN MOTION - Petitioner
versus
DEEPAK KHOSLA - Respondent
CONT. CAS (CRL.) 12/2014 & CRL. M.A. 11975-77/2015
Decided On : 22-02-2016

Advocates Appeared:
Mr. Salman Khurshid, Sr. Adv. with Ms. Sanchita Ain, Mr. Ajay Marwah, & Ms. Srishti Singh, Advs.

Headnote:

The Delhi High Court held the advocate guilty of criminal contempt of court for using derogatory and insulting language against a Division Bench of the High Court. The court found that the advocate's conduct was an attempt to embarrass the judges and denigrate the prestige of the bench. The court rejected the advocate's apology as insincere and sentenced him to one month imprisonment and a fine of Rs.2000/-.

Fact of the Case:

The advocate, Mr. Deepak Khosla, had referred to a Division Bench of the High Court as "Dedh Bench" (one-and-a-half Bench) during the course of arguments in a case. The court took suo moto contempt proceedings against the advocate and issued a show-cause notice to him.

Finding of the Court:

The court found that the advocate's use of the term "Dedh Bench" was a deliberate attempt to embarrass the judges and denigrate the prestige of the bench. The court held that the advocate's conduct constituted criminal contempt of court.

Issues: Whether the advocate's use of the term "Dedh Bench" constituted criminal contempt of court.

Ratio Decidendi: The court held that the advocate's use of the term "Dedh Bench" was a deliberate attempt to embarrass the judges and denigrate the prestige of the bench. The court found that the advocate's conduct constituted criminal contempt of court. The court relied on various precedents to support its decision, including Haridas Das v. Smt. Usha Banik and Ors. and Apu Banik (AIR 2007 SC 2688) and L.M. Das v. Advocate General, Orissa [1957] 1 SCR167.

Final Decision: The court sentenced the advocate to one month imprisonment and a fine of Rs.2000/- for criminal contempt of court. The court also directed the Bar Council of Delhi and the Bar Council of Karnataka to take appropriate measures against the advocate.

JUDGMENT :

NAJMI WAZIRI, J.

1. After 26 judges of the Delhi High Court had recused themselves from hearing this and another criminal contempt petition (Cont Cas (Crl.) 9/2014) the Hon”ble Chief Justice has constituted this Special Division Bench to adjudicate upon the two pending petitions against the respondent, Deepak Khosla - an advocate, who has appeared before the Court.

Background/ Issue of Show Cause Notice

2. On 11.10.2013, while arguing certain applications in LPA 16/2012, the respondent referred to the Bench comprising Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice R.V. Easwar, as “Dedh Bench” (Hindustani equivalent of one-and-half Bench). Recording this expression, the order dated 11.10.2013, noted that it would take a view on this expression at the time of final disposal of CM No. 2392/2013.

3. By a detailed order dated 28.03.2014, the Bench comprising of the Hon’ble Mr. Justice Kailash Gambhir and Hon’ble Mr. Justice R.V. Easwar, directed initiation of suo moto contempt proceedings against the respondent. The relevant portion of the order is reproduced as under:

“Suo motu contempt proceedings:

13. On 11.10.2013 this Bench was hearing certain miscellaneous applications filed by the applicant Mr. Deepak Khosla seeking, inter alia, early hearing of CM No.2392/2013 (application for “clarification”). While hearing arguments in that behalf, he made a reference to “dedh Bench” (i.e., Hindi equivalent of one-and-a-half Bench) while describing the Division Bench consisting of Sanjeev Khanna, J., and one of us (R.V. Easwar, J.). In the order passed by this Bench on that day, it was noted as follows: -

“Addressing arguments on these applications, Mr. Deepak Khosla, who appears in person, submits that the order dated 24th April, 2012 passed by the Division Bench comprising of Hon”ble Mr. Justice Sanjeev Khanna and Hon”ble Mr. Justice R. V. Easwar can be described as Dedh Bench order (One and half) and this is quite apparent from the fact that in the order dated 24th April, 2012 Justice R. V. Easwar has not given his own comments. Mr. Deepak Khosla also submits that the judgment has been authored by Justice Sanjeev Khanna and the same has been just co-signed by Justice R.V. Easwar but Justice R.V. Easwar has not responded since May, 2013 to certain aspects of the law which had crept into the order dated 24th September, 2012 and this leads him to believe that Justice R.V. Easwar has not subscribed to some of the views in the said order. Mr. Deepak Khosla further submits that in his previous applications, he has already spelled out grievance to this effect. The present Special Bench has assembled today for hearing these applications. While addressing arguments on these applications, Mr. Deepak Khosla has raised the aforesaid contentions. This Court will take a view on the said plea raised by Mr. Deepak Khosla of describing the Division Bench as “Dedh Bench” at the time of final disposal of CM APPL. No.2392/2013 and other applications which are listed for hearing on 22nd November, 2013.” Since in our view the applicant has committed contempt of court in describing the Division Bench consisting of Sanjeev Khanna, J., and one of us (R.V. Easwar, J.) as “Dedh Bench” – a prima facie contemptuous remark calculated to denigrate the dignity of this court – we issue show-cause notice to Mr. Deepak Khosla, the applicant herein, as to why proceedings should not be initiated against him for committing contempt of court.

14. Mr. Deepak Khosla shall file his reply to the show-cause notice of contempt within 15 days. Relist the contempt proceedings as “Court of its own motion” on 25.04.2014.”

4. The case was numbered as Cont. Case (C) 229/2014. On 25.04.2014, after the dismissal of certain other applications by this Bench, the respondent impudently remarked that in view of the “beautiful orders” passed, the Bench should recuse itself from dealing with his matters henceforth. In view of this, the Bench ordered that this unwarranted e





























































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top