The Gauhati High Court has convicted a lawyer under the Contempt of Courts Act for the comment made by him against a judge of a subordinate court for wearing jewellery and also demeaned her by comparing her to a demon called: Bhasmasur".
The bench of Justice Kalyan Rai Surana and Justice Devashis Baruah while granting bail to the advocate Utpal Goswami, kept the matter for hearing on the sentencing on 20th March 2023 since he has been charged u/s 14 of the Contempts of Court Act, 1971.
The Court held that "Several other allegations have been made to portray the concerned judicial officer in a demeaning manner and (he) has attacked her understanding of law as well as derogated her personality in many ways by even comparing her to a mythical character in Prana/Mahabharat, known as Bhasmasur"
It was also stated in the order that the advocate Goswami filed his affidavit on 18th January and from the reply it appeared that "has pleaded guilty to the charge. He has specifically admitted that he had come to realise that the respect of judges and magistrates of any court should be preserved and protected by the establishment of peace, order, harmony and tranquillity in human society.
The court also noted that "Further, he has admitted that he has committed the crime due to insufficient knowledge of law and its practice and hence he tendered his unconditional apology as this is first offense and he assured the court that he shall never repeat this type of behaviour in future".
the court also stated that "petitioner has made a scathing comment that the presiding officer has been presiding over the court by wearing jewellery like a model on a ramp and that on each and every occasion she tried to overpower/depress the advocates by citing unnecessary case laws and sections of statutes without hearing the advocates and tried to control the court room behaving like a Gangue."
Case details:-
Case No. : Cont.Case(Crl)(Suo Moto)/1/2022
XXX
VERSUS
IN RE - UTPAL GOSWAMI
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