NEW DELHI: The Delhi High Court on Friday closed contempt proceedings against 12 lawyers accused of involvement in an incident of vandalism in Tis Hazari Courts during a protest by advocates in 2006. A three-judge bench headed by Justice Siddharth Mridul said there was no material to provide any direct evidence connecting the damage allegedly caused to courtrooms with the protest.
During the course of the proceedings in the last 17 years, all of them have expressed their deep remorse and utmost respect for the institution of judiciary and have submitted that their intention was never to undermine the majesty and dignity of the court of law, the court said.
“We discharge the show cause notices issued to the remaining alleged contemnors/respondents in the present criminal contempt proceedings. Resultantly, the notice to show cause as to why criminal contempt be not drawn against the alleged Contemnors/Respondents, are hereby discharged,” ruled the bench, also comprising Justices Rajnish Bhatnagar and Anoop Kumar Mendiratta.
“The present contempt proceedings are pending adjudication since 2006, and the Sword of Damocles has been hanging for the past 17 years on the alleged Contemnor/Respondents...No further directions are called for,” observed the bench. Senior advocate Sidharth Luthra appeared as amicus curiae (friend of court) in the case.
The criminal contempt proceedings emanated from the incident that occurred on February 24, 2006, at the Tis Hazari Courts where advocates went on a strike to oppose the establishment of the Rohini Court complex. The notices about contempt proceedings were initially issued to 25 people. Subsequently, 13 were either discharged or removed from the criminal contempt proceedings.
In its 47-page verdict, the court observed that legal practitioners are the vanguard safeguarding the sanctity of the Constitution of India but, if there is a concerted assault by members of the Bar, it cannot turn a blind eye to the “slanderous and scandalous” allegations.
It said while criticism of a judgment is acceptable, abusive, irrational, and personally targeted attacks on
judges, which compromise the overall integrity of the institution are not. “Judges form an integral part of the mechanism for dispensing justice and Judges exhibit reluctance to invoke contempt laws in instances of personal attacks directed at them.
However, if there is a concerted assault by Members of the Bar, who claim affiliation with an organization that enjoys substantial support, then the Court cannot turn a blind eye to the slanderous and scandalous allegations put forth,” the court said. The court asserted that since the present proceedings were initiated against advocates, there was an additional requirement for stringent proof.
Incident occured in Feb ’06
The criminal contempt proceedings emanated from the incident that occurred on February 24, 2006, at the Tis Hazari Courts where advocates went on a strike to oppose the establishment of the Rohini Court complex. The notices about contempt proceedings were initially issued to 25 people. Subsequently, 13 were either discharged or removed from the criminal contempt proceedings.