Contempt of Court: Punjab & Haryana High Court orders arrest of dismissed cop, “legal expert” for abusing Judges

The Punjab and Haryana High Court on Monday ordered the Ludhiana Police to arrest former Deputy Superintendent of Police (DSP) Balwinder Sekhon and an "alleged legal expert", Pardeep Sharma for contempt of court over disparaging remarks made by them against sitting judges of the High Court as well as the Supreme Court. [Court on its own motion vs Union of India]..The Court also ordered the blocking of videos uploaded on social media which contain the scandalous remarks made by Sekhon and Sharma. .A division bench of Justices GS Sandhawalia and Harpreet Kaur Jeewan passed the order on account of the "continued misconduct" of the alleged contemnors, adding that the two had taken on the High Court to achieve their personal ends. .After noting that Sekhon and Sharma had been posting videos containing scandalous allegations against the Court on social media and even conducted press conferences on such issues, the bench added,."A virtual panchayat is being held whereby abuses are being showered on this Court in the proceedings conducted by respondent Nos.6 to 8 in the form of a gatling gun and the fact that the Bench does not know the 'A, B, C' of law unmindful of the fact that this 'Temple of Justice' is adorned by constitutional authorities who are only doing and conducting work in accordance with the oath given to them under the Constitution without fear and favour to anyone. Apart from that, even the family members have not been spared by passing disparaging remarks against them also.".The Court emphasised that while freedom of speech and expression is protected under the Constitution of India, it is not an unfettered right. By uploading the controversial videos on social media, Sekhon and Sharma scandalised and lowered the authority of the High Court and interfered with the judicial proceedings, the Court added.."The (up)loading of such videos on social platform at international level brings disrepute to the Constitutional Institution and it amounts to virtually inciting the public against the rule of law. Thus, a gauntlet is being thrown by the said respondents and we do not shrug off our constitutional duties to take it head on," the Court said..Sekhon had earlier been dismissed from police service after he made several allegations against his seniors and the government. He came under the Court's scanner after he started to make "malicious, libelous and derogatory videos pertaining to judicial proceedings." He is stated to have alleged that judges were working under political pressure and that they purposely do not open reports received in "sealed covers" as opening the same would "wet their pants."The bench noted that, prior to court hearings, he would hold a press conference or upload videos explaining how the proceedings would be going against him, apart from making disparaging remarks against the judges..After criminal contempt notice was issued to Sekhon earlier this month, Pardeep Sharma stepped into the fray. According to the Court's order, Sharma appeared before the Court to defend Sekhon, with whom he had earlier conducted press conferences as well. While the Court told Sharma to file an intervention application in the matter, he refused to do so but continued to insist that the bench hear him. "... the undersigned Bench felt that it was not necessary and resultantly, he was marshalled out with the help of Police", the Court proceeded to recount. .This triggered the two to "air themselves in open public at the entrance of the Court" and launch a "vicious tirade on the proceedings which had been conducted.".The Court, therefore, ordered that the two accused be lodged in judicial custody and produced before the Court on February 24 to answer the charge of contempt. .The Court also took critical note that the misconduct by Sekhon and Sharma had been fanned by one Baljit Marwaha, a reporter for the Scroll Punjab News Channel on YouTube. The bench noted that the videos uploaded on this online platform “show that the judges of this Court have been abused to the fullest” and that certain words used could not be put in the Court’s order. Personal allegations were levelled against the Court and disparaging remarks were made as to how “judgments are being reserved and written after two months for the purposes of bargaining and buying time.” A "warning" was also sounded on the said platform that the accused would "sharpen their words in future", the Court observed. Hence, the Court ordered for the issuance of a bailable warrant against Marwaha, directing him to appear before the High Court on the next date of hearing. .The matter will be taken up next on February 24. A compliance report concerning the directive to take down offending videos is to be filed by February 22. .As per reports, Sekhon and Sharma were arrested hours after the order was passed on Monday. .Meanwhile, the Bar Council of Punjab and Haryana addressed an open letter to the general public, condemning their conduct. The letter, signed off by chairperson Suvir Sidhu, stated:"While asserting their rights and cloaking themselves as whistleblowers, such men, with own set agendas have crossed the Lakshamana Rekha at various occasions ... Although the magnanimity of the Courts need no defence, and while men like Balwinder Singh Sekhon and Pardeep Sharma meet their own fate as law takes its own course, the Council cannot be a mute spectator as Judges suffer in silence as they cannot respond publicly to such outlandish allegations by appearing on public forums. We need to be wary of such people who conveniently malign institutions of high repute for their own self interests." .[Read Order]