A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna was hearing the lawyer’s appeal challenging the order of the single judge passed in the contempt case. It was moved against him by the owners of the property being used by the lawyer for commercial purposes. He had been letting it out as paying guest accommodation. The appeal sought the lawyer’s acquittal.

The bench in its March 21 order noted that as per the said settlement, it had been agreed “that the pending case(s) inter se the parties shall be withdrawn/settled”.

“Accordingly, keeping in view the settlement arrived at between the parties, we hereby, while upholding the Conviction Order/Judgment dated 16.03.2023, modify the said sentence to the extent the period already undergone by the appellant. A copy of this order be sent to the concerned jail authority, and on receipt of the same, the concerned jail authority is directed to release the appellant,” the HC said while directing the disposing of the appeal.

The single judge had observed that the lawyer, enrolled with the state bar council, “despite being aware of the binding nature of the orders of the court” had appeared to have used his legal knowledge intending to abuse the procedural safeguards by “causing prejudice” to the landlord in denying him possession as well as the use and occupation charges. The single judge had noted that the lawyer had filed a civil suit seeking relief of permanent injunction against the owners from interfering in his peaceful possession.

Another bench of the high court on February 15, 2021, had dismissed the lawyer’s plea of financial inability in paying the rent. The contempt petition was then filed on February 25, 2021, as the lawyer failed to make payment of the use and occupation charges while continuing to occupy the property located at Kingsway Camp. However, he handed over possession of the property in December 2021 but failed to comply with orders. He had also given an undertaking in March 2021 that he will pay the outstanding amount. However, in May 2021, the court noted that this undertaking had been breached. The landlords informed the court that around Rs 32 lakh was due for payment.

The single judge had said the lawyer had been given over a year to purge his contempt since January 24, 2022, and opined that if the lawyer “is not met with the consequences of the wilful default and breach on the orders” it would embolden him to abuse the process of law in future and victimise fellow citizens on the belief that orders passed by the court need not be honoured. The single judge, thereafter, directed the lawyer to undergo six months of simple imprisonment along with a fine of Rs. 2000.

The court directed the registrar general of the high court to take steps to have the lawyer taken into custody and sent to Tihar jail under an appropriate warrant of commitment for undergoing the sentence given by the court. The court directed a copy of the order be sent to the Bar Council of Delhi directing them to send a report on the actions initiated against the lawyer within four weeks.