The hearing of YouTuber Ajeet Bharti’s anticipatory bail plea before the Delhi High Court saw some tense moments between Bharti’s counsel, Jai Anant Dehadrai and Justice Saurabh Banerjee, the judge hearing the case.
It started when Dehadrai tried to hand over to the court a document containing the extracted transcript of the allegedly offending remarks made by Bharti in his YouTube video.
Justice Banerjee objected to it. He said that Dehadrai could not hand over the words used by Bharti to a court of law. The judge then warned that he would issue a contempt of court notice to Dehadrai.
“You cannot hand over the words used by him to a court of law. I will issue contempt notice to you. Phraseology used is not offensive according to you? Please be aware of what you are doing. It contains word which are...You can't hand over those things to the court of law. You should not, as a counsel, hand over this,” Justice Banerjee said.
Dehadrai replied that the document merely contained a transcript of what had been alleged in the FIR and was being presented to assist the Court. He said that handing over such documents was a usual practice.
The counsel added that he was not committing any contempt.
Justice Banerjee replied that by handing over the document, Dehadrai was committing contempt.
“I am only issuing a show cause notice, that’s all,” Justice Banerjee said.
Dehadrai then responded that it appeared that the Court had some difficulty with him appearing and, therefore, he would withdraw from the case. He added that he would stop appearing before Justice Banerjee.
“I apologise if I have done something to upset My Lords. I will withdraw from the case right now. Somehow, I tried to assist My Lord and it always turns into some way that I upset My Lord. I will withdraw from this matter. It was a sincere effort to assist the Court. My Lords, I will stop appearing in this Court… My Lord wants to issue contempt to me? A counsel is being told that that contempt will be issued against him because I am trying to show something to assist the Court from the record… I will engage a senior counse to assist My Lord. I don’t think I am capable of assisting My Lord,” Dehadrai said.
Justice Banerjee then said Dehadrai was misinterpreting him and that the Court was not asking him to withdraw from the case.
“I am not saying don’t refer to this. I am saying refer to this from the order,” he said.
Dehadrai replied that once he had been warned that contempt would be drawn against him, it was difficult for him to proceed in the matter.
“I've never been told by a court that contempt will be issued because I'm handing over some documents,” Dehadrai said.
Justice Banerjee insisted that the language used in the material is such that it cannot be read in the Court. He added that he had seen the video and the transcript in the case file and that he was not stopping Dehadrai from relying on those documents.
“There is nothing against you or for you. As a counsel, you have all the liberties and privileges to appear before me,” Justice Banerjee said.
“Whenever I appear before this Court, I feel there is something that I am not able to…, Dehadrai submitted.
“So, the common factor is I am like that. Don’t judge the book by the cover,” Justice Banerjee replied.
He then insisted that Dehadrai should continue with the matter.
Ultimately, the arguments commenced, and the Bench reserved its verdict in the matter.