Bombay HC Initiates Suo Motu Criminal Contempt Proceedings Against Advocate Over 'Scandalous And Defamatory' Remarks

Mumbai: The Bombay High Court on Wednesday initiated suo motu criminal contempt proceedings against advocate Nilesh Ojha for making “disparaging, scandalous and defamatory” remarks against a sitting judge of the court.

Bench Orders Reply

A five-judge bench of Chief Justice Shree Chandrashekhar and Justices M S Sonak, Ravindra Ghuge, Ajey Gadkari and B P Colabawalla ordered for a criminal suo motu contempt case to be registered against the advocate Nilesh Ojha and asked him to file his reply within four weeks, explaining why charges should not be framed under the Contempt of Courts Act. The matter will be heard next on October 16.

Previous Contempt Case

This is the second contempt case against Ojha for his remarks against the same judge. Earlier, he had made statements during a press conference linked to a petition by Satish Salian seeking a CBI probe into the death of his daughter, Disha Salian.

Court Observations

Ojha had recently filed an application seeking to add the judge as a respondent in his plea for discharge from the earlier contempt. He argued that since the judge had complained against him to the Chief Justice, she ought to be treated as a complainant. Rejecting this, the bench observed: “In a suo motu proceeding, the person who brings the conduct of the contemnor to the notice of the court is not treated as a complainant or necessary party.”

Language Criticised

The court came down strongly on the language used by Ojha in his application, noting that it contained “scandalous and scurrilous expressions such as forgery, bias, discriminatory conduct, suppression, dishonesty and conspiracy.”

The bench said such remarks were “derogatory to the dignity of the sitting judge” and intended “to scandalise the court in such a way as to create distrust in the people’s mind and impair confidence in the judiciary.”

Warning to Lawyers

“The scurrilous attack on the integrity and honesty of ‘X’ (the sitting judge) is calculated to cause irreparable harm to the reputation and character of ‘X’,” the bench added.

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The court also warned the 15 lawyers appearing for Ojha, reminding them of their professional obligations: “What may be lawful and proper for a member of society may still not be proper or rather improper for them.”

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