InCont. Cas. (Crl) 10/2023 -DEL HC- Delhi High Court sentences man to six months in jail for contempt of court, says he lacked remorse
Justice Suresh Kumar Kait & Justice Shalinder Kaur [31-10-2023]

Read Order: Court on its own motion V. Naresh Sharma

Chahat Varma

New Delhi, November 1, 2023: The Delhi High Court has sentenced a man to six months in jail for contempt of court in a suo moto proceeding.

Briefly stated, the contemnor had filed a writ petition under Article 226 of the Constitution, seeking a direction for immediate criminal prosecution of several respondents, including the Union of India, Delhi Police, Mumbai Police, Bengaluru Police, Tata Companies, Tata Sons Private Limited, and others. The writ petition was disposed of by a single bench of the Delhi High Court. The contemnor then filed an LPA challenging the single bench's judgment. When the High Court issued a show cause notice to the contemnor, he filed a reply making objectionable and shocking allegations against the single judge, government officials, and the Supreme Court. The contemnor also made a complaint to the SHO of Tilak Marg Police Station, Delhi, and later sent an addendum to the complaint.

The division bench of Justice Suresh Kumar Kait and Justice Shalinder Kaur noted that the Contemnor, in an email dated 29.08.2023, discussed three petitions related to mob attacks, the Delhi Police, and his own situation. Furthermore, he raised allegations involving Justice Sharma of this Court and the Delhi High Court, implying their involvement in exacerbating criminal activities, thereby adding complexity to the criminal situation.

The bench noted that the contemnor had also sought criminal action against the single judge, alleging a violation of Article 14 of the Indian Constitution for mixing unrelated matters. The contemnor also made derogatory allegations against the Honourable Supreme Court and even suggested the imposition of the death penalty.

The bench stated that despite being issued a show cause notice, the contemnor did not plead guilty. Instead, he filed a highly disrespectful reply, stating that he has no remorse for his actions and stands by them. He also used derogatory language for the learned single bench judge, calling him a thief.

The bench remarked that the contemnor, who claimed to have received education in engineering and science from prestigious institutions such as the Indian Institute of Technology in Kanpur and Bombay, as well as in the USA, was expected to hold a deep respect for the Constitution of India and to have faith in the country's legal system.

“As a responsible citizen of the Country, the Contemnor is expected to set-forth his grievances in a civilized manner, maintaining the dignity of the Court and judicial process of law,” said the court.

The Central Government standing counsel representing the Union of India, requested that the contemnor, be directed to offer an unconditional apology for his conduct and allegations. However, the contemnor maintained that he stands by the allegations he made, both against the single bench and against the officers of the Government of India and the judiciary.

The court opined that the contemnor had no repentance for his conduct and actions.Consequently, the court found the contemnor guilty under the Contempt of Courts Act, 1971, and sentenced him to undergo six months in simple imprisonment, along with a fine of Rs. 2,000.