LI Network
Published on: 10 September 2023 at 18:30 IST
The Delhi High Court recently issued a show cause notice to an individual for making allegations against a judge, citing that these statements were driven by malicious intent to interfere with the administration of justice.
The court emphasized the importance of distinguishing between legitimate critique and allegations fueled by disdain and a hostile intent to scandalize the court.
The case involved an appeal filed by the individual against a judgment passed by a Single Judge.
A Division Bench, comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, expressed its view that the statements made by the appellant were driven by malice and aimed at interfering with the administration of justice.
The court noted that it could not overlook such a serious vilification of a judge.
The High Court’s observation highlighted that the appellant’s allegations included unsubstantiated and whimsical claims of criminal acts by the learned Single Judge, advocating for the death penalty and comparing the judge to the devil.
The court found these allegations distasteful and unacceptable.
The Court deemed the averments to be aimed at scandalizing and undermining the authority of the Court, warranting the initiation of proceedings for criminal contempt.
Accordingly, a show cause notice was issued to the appellant, Naresh Sharma, requiring him to explain why proceedings for criminal contempt under Section 2(c) read with Section 12 of the Contempt of Courts Act, 1971, should not be initiated against him.
The notice instructed the appellant to file a response before the next hearing scheduled for September 18, 2023.
In conclusion, the Delhi High Court’s decision underscores the importance of distinguishing between legitimate criticism and malicious allegations against judges and emphasizes that allegations aimed at scandalizing the court should not be tolerated.
