The Gujarat High Court recently sentenced Advocate Devesh Bhatt to three months' imprisonment and imposed a fine of ₹1 lakh for repeatedly making scandalous and baseless allegations against sitting judges, Chief Justices and judicial officers.
The High Court took suo motu cognisance after noting that despite being given numerous opportunities over the years, Bhatt not only failed to appear in Court consistently, but also continued his defamatory conduct even during the pendency of these proceedings.
A Bench of Justices AS Supehia and RT Vachhani observed,
"The summary jurisdiction of this Court, while dealing with such blatant disregard of the rule of law wherein the dignity and honour of individual Judges are attacked and scandalized, demands from this Court to curb this nuisance with an iron hand to uphold the majesty of the law, the administration of justice, and to repose the trust, faith, and confidence of the people."
During the hearing, the Court noted that despite multiple show-cause notices, court summons and even arrest warrants, Bhatt consistently failed to appear, flouted court orders and continued making defamatory statements.
The Court noted that Bhatt issued over 52 letters and communications, accusing judges of misconduct, corruption and caste bias, and had even written to the President of India seeking sanction to prosecute them.
"Writing scandalous letters, communications, and issuing legal and public notices to the Hon’ble Judges and the Hon’ble Chief Justice amounts to interference with the administration of justice and pending judicial proceedings, constituting “criminal contempt” under Section 2(c) of the Contempt of Courts Act, 1971...The order sheets reflect that the contemnor was informed, through various orders, about his unwarranted conduct and he was put to notice as to why the contempt proceedings should not be initiated. This is akin to a charge, sufficient to satisfy the requirements of a fair procedure," the Court noted.
The Court was informed that the Bar Council of Gujarat had already debarred Bhatt from practicing law for professional misconduct.
Further, amicus curiae and Senior Advocate Asim Pandya recommended the maximum penalty under the Contempt of Courts Act, calling Bhatt’s conduct a deliberate and sustained attack on the rule of law and judicial independence.
Pandya informed the Court that during the pendency of the present proceedings filed in 2013, Bhatt persisted with his scandalous allegations against judges. He added that Bhatt had also filed a criminal case against him, accusing him of bias and defamation, which was later stayed by the High Court.
Bhatt’s court-appointed counsel, Advocate Kurven Desai, requested leniency, citing his poor health and the fact that he was already barred from practice. He also argued that some proceedings were initiated after the legal limitation period.
The Court agreed that time-barred cases may be separated, but emphasised that there remain approximately 20 to 25 cases where Bhatt is guilty of contempt.
"We reiterate the observations of the Supreme Court that an attack on a Judge or Judges, which is offensive, intimidatory, or malicious beyond condonable limits, must be met with the strong arm of the law in the name of public interest and public justice to strike a blow on him who challenges the supremacy of the rule of law by fouling its source and stream."
With these observations, the Court sentenced Bhatt to undergo simple imprisonment for three months.
"We further direct that the amount of Rs. 5,00,000/-, with accrued interest already deposited by the contemnor, shall be forfeited, as directed by this Court vide order dated 07.09.2016 for breach of the undertaking given by him to this Court. We also impose a cost of Rs. 1,00,000/- under Rule 21 of the Contempt of Courts (Gujarat High Court) Rules, 1984," the Court directed.
The Court also quashed the complaint filed by Bhatt against Pandya.
[Read Order]