Gulshan Bajwa vs. Registrar, High Court of Delh
Background
Gulshan Bajwa was found guilty of criminal contempt by the Delhi High Court for making scandalous and baseless allegations against sitting judges and for repeated, deliberate attempts to interfere with the administration of justice. Bajwa’s conduct included filing frivolous applications, using intemperate language, and attempting to undermine the dignity and authority of the court.
Proceedings and Findings
The High Court noted that Bajwa had engaged in a sustained campaign of contemptuous behavior, including making false assertions regarding the service of notice and persistently filing vexatious pleadings. The Court observed that such conduct was not a mere lapse but a calculated attempt to obstruct the course of justice and lower the court’s authority in the eyes of the public.
The High Court, after issuing a show cause notice and granting Bajwa an opportunity to explain his conduct, found his response unsatisfactory. The Court held that Bajwa’s actions amounted to criminal contempt under the Contempt of Courts Act, 1971, as they were intended to scandalize the court and interfere with the due course of judicial proceedings.
The judgment emphasized the importance of protecting the dignity of the judiciary, noting that the right to criticize court judgments does not extend to making reckless, baseless, or malicious allegations against judges or the institution itself. The Court stated that while magnanimity and tolerance are virtues, persistent abuse of the judicial process cannot be condoned.
Supreme Court Outcome
Bajwa appealed to the Supreme Court, but his appeal was dismissed. The Supreme Court upheld the High Court’s conviction, agreeing that Bajwa’s conduct was egregious and constituted criminal contempt. The Supreme Court reiterated that the judiciary must be protected from unwarranted attacks that threaten its independence and the rule of law.
Significance
This case reaffirms the principle that fair criticism of judicial decisions is permissible, but scandalizing the court or judges crosses the line into contempt. The judgment underscores the judiciary’s duty to uphold its dignity and authority, and sends a clear message that misuse of the legal process to malign judges or interfere with justice will be met with strict consequences.
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