Delhi High Court closes contempt case against lawyer but asks BCD to assess his professional fitness

The Delhi High Court on Monday discharged a lawyer from a criminal contempt case initiated against him for showing disrespect in a courtroom, but asked the Bar Council of Delhi (BCD) to assess whether he is fit to continue in the legal profession [Court on its own motion v Ranjeet Singh Malhotra]..A Bench of Justices Suresh Kumar Kait and Manoj Jain refrained from taking any coercive action against the lawyer for his reported misconduct after taking note of his medical condition."Keeping in view the medical condition of the respondent/contemnor, we refrain ourselves in taking any coercive action against respondent-contemnor for the disrespect shown to the concerned court. We discharge him, albeit, with a word of caution that whenever he appears before any Court in any case or otherwise, he would maintain the decorum of the Court," the Court said..The Court, however, asked the BCD to interact with the lawyer and assess whether he is fit to continue practicing as a lawyer. "We direct the Registry to communicate this order to the Bar Council of Delhi, who shall direct the respondent/contemnor to appear before the Council and assess whether he is fit to continue in this profession," the May 20 order stated. .The Court was dealing with a 2021 contempt reference by Additional District Judge Hem Raj of the Tis Hazari Courts in Delhi.As per the reference, the lawyer in question was found conversing loudly with a colleague when the judge was hearing a case. The judge alleged that despite being asked to mellow down, the lawyer continued to misbehave and disturb the court.Over the next two years, the judge filed more complaints against the lawyer about repeated misconduct.In October last year, the High Court sought personal appearance of the lawyer. However, in January, his counsel informed the Court that he was unwell and sought an adjournment. The same happened on March 7, leading to issuance of bailable warrants against the lawyer..On May 20, the lawyer finally appeared before the High Court and produced various prescriptions to suggest that he was being treated for behavioural issues.The Court noted that the manner in which the lawyer made submissions confirmed that he was suffering from acute behavioural issues."The manner in which he made submission today before us confirms that he is suffering from acute behavioural issues and seems to get frustrated and annoyed for the reasons best known to him. In addition, he has reportedly very poor vision and unable to read and write. He does not even realize what to speak and how to speak," the Court observed, while disposing of the contempt case. .Amicus Curiae Senior Advocate N Hariharan was assisted by advocates Punya Rekha and Mueed Shah..[Read Order]