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2025 Supreme(Online)(P&H) 3796
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHEEL NAGU, CJ, SANJIV BERRY, J
COURT ON ITS OWN MOTION – Appellant
Versus
BALWINDER SINGH SEKHON – Respondent
CRM-1299-2025
For the Appellants/Petitioners:
For the Respondents:Mr. IPS Deol, Advocate, Mr. Sarabjot Singh Cheema, Advocate
The court can impose community service instead of penalties for contempt when a respondent demonstrates genuine remorse.
Headnote:This judgment analyses the contempt proceedings initiated against the respondent under the Contempt of Court Act, 1971, where the respondent expressed regret for his prior conduct of posting videos on social media regarding grievances with the judicial system. The court noted the respondent's apology and undertaking to refrain from similar actions in the future. The issues discussed revolved around the appropriateness of penalties and the court's observations on the respondent's good faith. Ultimately, the court deemed it suitable to impose community service and discharged the respondent from contempt proceedings.
| Table of Content |
|---|
| 1. remorse and apology in contempt cases (Para 1 , 2) |
| 2. court observations on respondent's conduct (Para 3 , 5) |
| 3. decision on community service instead of penalty (Para 6 , 7 , 8 , 9) |
SANJIV BERRY, J.
CRM-1299-2025
1. The instant application has been preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for placing on record the affidavit dated 14.01.2025 of the respondent.
2. Heard.
3. Application is allowed, subject to all just exceptions. Affidavit dated 14.01.2025 is taken on record. Registry to tag the same at an appropriate place.
4. Application stands disposed of.
1. The instant contempt proceedings had been initiated by the Court on its own motion against respondent-contemnor Balwinder Singh Sekhon vide order dated 15.02.2023 passed by the Coordinate Bench of this Court by issuance of notice of Criminal Contempt of Court under Section 15 of the Contempt of Court Act, 1971 (for Short, the 1971 Act’).
2. The respondent by way of CRM-1299-2025 has filed affidavit dated 14.01.2025 which is taken on record wherein the respondent had expressed his bona-fide regrets and felt sorry regarding having uploaded some video on Youtube regarding the alleged grievances about the judicial system and Judicial Officers and had also tendered an unconditional apology for the same with an undertaking not to repeat any such act in the future.
3. After hearing the respective submissions, perusing the record and considering the duly sworn affidavit dated 14.01.2025 furnished by respondent Balwinder Singh Sekhon, it is observed that in response to the notice, the respondent by way of aforesaid affidavit dated 14.01.2025 has apologized for having uploaded some videos on social media regarding his alleged grievance with the system and officers. He had categorically stated therein that he realized that he should not have uploaded such video on social media but should have availed the remedy as per law. He has categorically undertaken not to repeat such act in future and the said video has already been deleted from the social media. He has tendered unconditional and unqualified apology for his conduct and undertaken not to do such act in future.
4. It is even mentioned in his affidavit that the respondent has already undergone maximum sentence of 6 months as per the orders dated 24.02.2023 passed in CROCP-2-2023 titled as ‘Court on its own motion vs.
Union of India and others’.
5. From the above discussion, it transpires that the respondent- Balwinder Singh Sekhon has categorically tendered an unconditional and unqualified apology for his conduct and shown bone fide repentance. Moreover, the respondent-contemnor has specifically undertaken not to repeat such acts in future.
6. Therefore, considering the above facts and circumstances, this Court deems it appropriate not to impose any penalty upon the respondent but instead direct him to perform community service by planting 10 saplings within a period of one week and compliance report thereof, be filed within
15 days.
7. With the above observations, respondent-contemnor Balwinder Singh Sekhon is hereby discharged from the contempt proceedings.
8. CROCP stands disposed of.
9. Miscellaneous application(s), if any, shall also stands disposed of.
