LI Network
Published on: January 31, 2024 at 11:15 IST
In a recent development, the Supreme Court has affirmed the conviction of an advocate in a seventeen-year-old criminal contempt case, underscoring the imperative to preserve the dignity and reputation of judicial officers.
The Court emphasized that an apology must genuinely reflect remorse for contemptuous acts and should not serve as a mere tool to absolve the guilty.
The Division Bench, comprising Justices Vikram Nath and PS Narasimha, heard the appeal of Gulshan Bajwa, a lawyer convicted by the Delhi High Court on October 19, 2006, for criminal contempt.
Bajwa faced charges related to making improper and reckless allegations against judges, coupled with persistent non-compliance with court appearances.
The High Court, in its judgment, highlighted instances where the appellant’s conduct was critically examined in various proceedings, consistently recording contemptuous behavior.
The Court deemed the acts intentional and malicious, extending over an extended period. Furthermore, the High Court rejected Bajwa’s apology, deeming it insincere and belated. Consequently, Bajwa was sentenced to three months of simple imprisonment and a fine of Rs. 2000.
Despite an interim order from the Apex Court in April 2007, subsequent proceedings revealed numerous adjournments due to Bajwa’s requests or absence, prompting the Supreme Court to vacate the interim order.
Upon reviewing the case, the Supreme Court concurred with the Delhi High Court’s perspective on the importance of upholding the dignity and reputation of judicial officers.
It criticized Bajwa’s apology as lacking sincerity, dismissing it as mere lip service. The court expressed the view that Bajwa’s conduct amounted to undermining the legal system.
Citing a pattern of misbehavior towards benches that disagreed with him, including casting aspersions and threatening judges, the Supreme Court declined to interfere with the High Court’s judgment.
However, considering certain medical issues faced by the appellant, the court modified the sentence to imprisonment until the rising of the court.
The case is titled “GULSHAN BAJWA vs. REGISTRAR, HIGH COURT OF DELHI,” with Diary No. 2115 – 2007.