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

2025 Supreme(Guj) 1212

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, R. T. VACHHANI, JJ.
Suo Motu - Appellant 
Versus
Anand H Goswami - Respondents 
R/CRIMINAL MISC.APPLICATION (FOR CONTEMPT OF COURT) NO. 18552 of 2013 With CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2025 In R/CRIMINAL MISC.APPLICATION NO. 18552 of 2013 With R/CRIMINAL REFERENCE NO. 1 of 2013
Decided on : 05-08-2025

Advocates Appeared:
For the Appellant : SUO MOTU
For the Respondent: MR. MANOJ T DANAK

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.

Headnote:(A) Contempt of Courts Act, 1971 - Sections 2(c), 11, and 12 - Initiation of suo motu contempt proceedings - Allegations against sitting judge - The contemnor was charged with contempt for making reckless allegations against a judge, ultimately tending to scandalize the court’s authority. He was given multiple opportunities to present his case and was found guilty. (Paras 7, 8, 12, 26)

(B) Criminal Contempt - Definition and Scope - The definition of criminal contempt encompasses all actions that obstruct the administration of justice, including making defamatory statements against judges. Careful adherence to procedural fairness is emphasized in contempt proceedings. (Paras 22, 24, 26)

Facts of the case:
The respondent made scurrilous allegations against a judge and was given multiple opportunities to dissolve the contempt charges. After lengthy proceedings and repeated non-appearances, he ultimately sought legal aid and was represented by various advocates, seeking indulgence from the court.

Findings of Court:
The court found that the contemnor, despite offering an apology, had engaged in contemptuous behavior and established liability under the Contempt of Courts Act. However, it opted to impose a fine rather than imprisonment.

Issues: The court addressed whether the allegations amounted to contempt and the adequacy of provided opportunities for the respondent to defend himself.

Ratio Decidendi: The court asserted the importance of respecting judicial authority and reaffirmed that contemptuous conduct undermines the justice system. It also highlighted that the contempt power is an inherent aspect of the judicial process, not restricted by the Contempt Act.

Result: The contemnor was found guilty and fined Rs. 2,000/-, with a warning of future action for similar conduct.

Table of Content
1. procedural history of contempt case. (Para 1 , 2 , 3 , 4 , 5 , 9)
2. contemnor's apology and legal representation. (Para 6 , 10 , 12)
3. recap of allegations and the contemnor's conduct. (Para 7 , 11 , 26)
4. powers of the high court in contempt proceedings. (Para 13 , 14 , 15 , 20 , 22 , 24)
5. definition and implications of criminal contempt. (Para 18 , 21 , 23)
6. final ruling and penalties imposed on the contemnor. (Para 25 , 27)

JUDGMENT :

A.S. SUPEHIA, J.

1. On 30/07/2025, this Court has passed the following order:

“1. On 16.07.2025, we had clarified that no further time shall be granted in the present suo motu proceedings.

2. This Court had registered the suo motu proceedings under the provisions of the Contempt of Courts Act, 1971. In view of the communication dated 02.09.2013 addressed to the Hon’ble the Chief Justice of this Court, wherein the respondent-Contemnor had made reckless allegations against the then sitting Judge, Hon’ble Ms.Justice S.G.Gokani, the following order was passed on 29.11.2013, which reads thus:

“From the communication addressed by the respondent herein-Mr. Anand H Goswami, under trial prisoner 721 /13, Central Jail, Sabarmati, Ahmedabad dated 02.09.2013, addressed to the Hon’ble the Chief Justice, we are prima facie of the opinion that the language used and the averments made by the respondent in the said communication against the Hon’ble Ms. Justice Sonia Gokani are contemptuous and for which it can be said that the respondent is liable for criminal contempt.

Hence, Registry is directed to issue notice upon the respondent, making it retunable on 26.12.2013, calling upon the respondent to show cause as to why he should not be held for criminal contempt for using contemptuous language and making reckless allegations against Hon’ble Ms. Justice Sonia Gokani. Registy is directed to issue notice in the prescribed form / format and after following due procedure, more particularly Section 17 of the Contempt of Courts Act, 1971.”

3. The matter thereafter, was adjourned on numerous occasions and the respondent-Contemnor had also remained present before this Court.

4. The respondent- Contemnor was also given an opportunity to approach the Gujarat High Court Legal Services Committee, to have legal assistance of an advocate from the panel. It appears that thereafter he was represented by learned advocate Mr.Anand H.Goswami and a last chance was given to the respondent- Contemnor vide order dated 07.05.2015. Accordingly, the respondent-Contemnor remained present on 04.11.2015 before this Court. However, he had taken time and requested for an adjournment. On 18.03.2016, this Court recorded that the respondent-Contemnor has not remained present and thereafter from the order sheet, it reflects that he would like to appear as a party-in-person. Again, on 10.06.2016, he appeared and requested for an adjournment as he would like to obtain Legal Aid from the Gujarat State Legal Services Authority. Thereafter, the matter was adjourned for further occasions as and when it was listed at the request of the respondent- Contemnor.

5. A detailed order was passed by the Division Bench of this Court on 04.10.2016, wherein it was recorded that the respondent-Contemnor has been whiling away time and dodging the hearing of this matter. However, further chance was granted to him to get an assistance from the Gujarat High Court Legal Services Committee. Further, opportunity was also given by the Coordinate Bench on 07.12.2021. From the order dated 23.12.2021, it is noticed by us that the Coordinate Bench had issued a Non-bailable Warant and fixed the matter on 25.01.2022 however, later on, the respondent- Contemnor had appeared as a party-in-person, sought adjournment and also made a statement that he would appear on all the dates of hearing. Accordingly, the matter was ordered to be listed on 25.01.2022.

6. On 04.02.2022, when the matter was listed, since the respondent- Contemnor had not remained present the Court had

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
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top