The Delhi High Court sentenced a lawyer to four months of simple imprisonment for insulting judges in the virtual courtroom chatbox during an online hearing.
“The manner in which the Contemnor refers to the ld. Single Judge of this Court and the various allegations which are made are completely unacceptable and are gross”, the bench of Justice Prathiba M. Singh and Justice Amit Sharma held.
Sanjeev Kumar, the contemnor, argued that his wife, Ms. X, had previously disclosed to him that she was raped by her cousin when she was in Grade 11, at age 16. Following marital disputes and cross-complaints, Kumar filed a complaint seeking an investigation into the alleged incident, claiming the disclosure was made before their marital discord. He maintained that the offense warranted a police investigation and the filing of an FIR.
The Metropolitan Magistrate (MM) reviewed Kumar’s complaint, which included an application under Section 156(3), and requested an Action Taken Report. On July 24, 2023, the MM dismissed the complaint. Upon examining the case, the MM found that the SHO had contacted the wife on May 17, 2021, and July 15, 2021, during which she explicitly denied the alleged incident had occurred.
The court noted that Kumar attempted to challenge the Action Taken Report using a recorded telephonic conversation without his wife's consent. The MM dismissed the application under Section 156(3) Cr.P.C., noting that Ms. X had not filed a complaint.
Kumar appealed the dismissal to the Sessions Judge, who rejected his revision petition on October 10, 2023, pointing out that the wife had taken no legal action and the complaint was based on hearsay. On January 23, 2024, a Single Judge reviewed the lower court findings and ruled that Kumar lacked the standing to file the complaint.
On May 6, 2024, Kumar posted comments on Cisco Webex during a hearing, even though his case was not listed. After he withdrew his review petition, he was permitted to approach the Supreme Court. However, in response to a show-cause notice dated May 14, 2024, Kumar submitted further defamatory remarks against judicial officers. On May 15, 2024, the judge labeled these remarks as contemptuous, noting Kumar's pattern of filing baseless complaints against judges who issued unfavorable orders, leading to criminal contempt proceedings.
On September 26, 2024, it became evident that Kumar repeatedly engaged in baseless legal actions and scandalous accusations targeting his wife and judiciary members, showing no remorse and disrespecting the judicial process. His conduct, intended to undermine the judiciary, was deemed unacceptable.
The court, citing precedent, found Kumar guilty of criminal contempt, determining that his actions obstructed justice. He was sentenced to four months of simple imprisonment and fined Rs. 2,000, with an additional 15 days' imprisonment if he failed to pay the fine.
For Respondents: Additional Public Prosecutor Aman Usman and Amicus Curiae Advocate Varun Goswami with Advocates Hritik Chaudhary, Sahil Agarwal and Rajesh Singh
Case Title: Court On Its Own Motion v Sanjeev Kumar (2024:DHC:8587-DB)
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