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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, GITA GOPI
Suo Motu – Appellant
Versus
Deepak Khosla – Respondent
| Table of Content |
|---|
| 1. contempt application filed (Para 1 , 2) |
| 2. judicial conduct and respect (Para 3 , 4 , 5) |
| 3. definition of criminal contempt (Para 6 , 7 , 8) |
ORDER :
A.S. SUPEHIA, J.
1. Gujarat Operational Creditors Association, acting through its Duly Authorized Manager, Ms.Priti Chaudhary filed Misc. Civil Application (For Contempt) No.2559 of 2024 seeking initiation of contempt proceedings against Arcelor Mittal Nippon Steel India Ltd. and its Director and other personnel and also against the learned advocates representing them. Vide order dated 04.02.2025, we rejected the contempt application with exemplary costs. The prolonged verbal calisthenic of learned advocate Mr.Khosla, while conducting the said application and the averments made in the application, appear to be scornful. We may first incorporate the averments made in the aforesaid application: -
“13. Thereafter, when item 1 was called up, after waiting for around 2-3 minutes for the parties to start their arguments, the moment counsel for the Respondent No. 4 (who is the Petitioner herein) commenced to address the Hon'ble Court, the Hon'ble Court's predecessor Judge directed him not to open his papers, as it would not be he
Unfounded allegations against judges constitute criminal contempt, undermining judicial authority and integrity.
The court emphasized the necessity of maintaining judicial dignity and the procedural safeguards required in contempt proceedings, highlighting that failure to frame specific charges violates natural....
Judiciary possesses inherent powers under Article 215 to initiate suo motu contempt proceedings, independent of the Contempt of Courts Act, while conduct undermining judicial authority constitutes bo....
Seeking extensions of interim orders does not constitute contempt of court; allegations against advocates and judges were found to be frivolous.
The main legal point established in the judgment is that an advocate's conduct of making false, baseless, and mischievous allegations against the court and its judges, thereby scandalizing and loweri....
The court affirmed that public criticisms and unfounded allegations against judges constitute contempt, undermining judicial authority and integrity.
The court established that making defamatory allegations against judges constitutes criminal contempt under the Contempt of Courts Act, and reasserted the importance of upholding judicial authority.
A Single Judge lacks jurisdiction to fully adjudicate civil contempt cases, limited to a prima facie inquiry, with final determinations reserved for a Division Bench after fulfilling statutory prereq....
The Regulation-making power cannot be exercised so as to bring into existence substantive rights or obligations or disabilities which are not contemplated in terms of the provisions of the said Act.
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