Bombay High Court holds two lawyers guilty of contempt for threatening trial judge, slaps ₹1 lakh costs

The Nagpur bench of Bombay High Court recently convicted two lawyers for criminal contempt of court for shouting at a trial judge and threatening him in open court [Sajiduzzaman Mhammad Hanif Shahid v. Sagar Rathod & Anr.].

A Bench of Justices Urmila Joshi-Phalke and Raj D Wakode ruled that threatening judicial officers and shouting inside a courtroom constituted grave misconduct. Obstruction in the judicial process by lawyers cannot be tolerated under any circumstances, the Court underscored.

“Interference in the administration of justice by giving threats, addressing the judicial officer in loud voice and prohibiting him from passing orders are definitely serious acts. More so, when such acts have been done by an advocate who is the officer of the Court, he should promote and see that all others who are present should also maintain the decorum of the Court. Obstruction in judicial process by an advocate cannot be tolerated,” the Court held. 

The Court also rejected the unconditional apologies offered by the advocates, characterising them as a calculated tactic to avoid legal consequences.

“Apology should be unquestionable in sincerity. It should be tempered with a sense of genuine remorse and repentance, and not a calculated strategy to avoid punishment,” the Court said. 

The Bench further stressed that belated or insincere excuses cannot erase contemptuous conduct.

"Apology cannot be accepted in case it is hollow; there is no remorse; no regret; no repentance, or if it is only a device to escape the rigour of the law. Such an apology can merely be termed as ‘paper apology,'" it held.

The matter concerned advocates Sagar Durgadas Rathod and his father Durgadas D Rathod. The senior Rathod held the position of President of the Arni Bar Association when the incident took place in 2021 in the court of the Judicial Magistrate First Class at Arni.

The magistrate had issued a non-bailable warrant against an absent accused. The senior Rathod demanded the warrant's cancellation without producing the accused. When the judicial officer refused, both lawyers shouted inside the courtroom and threatened the judge with corruption complaints.

This prompted the magistrate to refer the incident to the High Court for initiating criminal contempt of court proceedings.

The High Court observed that such intimidation demoralises judges and undermines the administration of justice.

The Bench directed both contemnors to pay a fine of ₹2,000 each within two weeks and deposit ₹50,000 each as costs into the public welfare account of the High Court.  

In addition, the High Court referred the matter to the disciplinary committee of the Bar Council of Maharashtra and Goa for necessary disciplinary action.

Advocates JM Gandhi appeared as amicus curiae.

Advocate Rahul Mirza appeared for Sagar Rathod. 

Advocates SP Bhandarkar and Atharva Khadse appeared for Durgadas Rathod. 

[Read judgement]