Delhi High Court issues contempt of court notice to lawyer who refused to retract allegations against judges in petition

The Delhi High Court has issued notice for criminal contempt of court proceedings against a practising advocate Virendra Singh for making scandalous and mala fide allegations against several sitting judges of the High Court in a petition filed on behalf of a rape survivor [Ms M Victim v State of NCT of Delhi Through SHO and Ors]..The allegations formed part of an appeal filed before the High Court challenging a decision of the Additional Sessions Judge who had refused to stay the trial. The Court noted that though it had asked the counsel to retract the statements made in the petition and challenge the findings of the trial court as well as the High Court in accordance with law, the lawyer refused.Justice Jasmeet Singh held that the allegations made by the counsel were aimed at lowering the dignity and majesty of the court and were intrinsically contemptuous in nature.They are a direct attack on the reputation and functioning of not only one judge but several judges of the court and such vilification can affect administration of justice since it becomes a form of public mischief, the Court said.“For a healthy democracy, there must be impartial Judiciary, however, it cannot be impaired by vindictive criticism. The Judiciary is not immune from criticism, but when the criticism is based on distorted facts or gross misrepresentation of material averments, to intentionally lower the dignity and respect of this Court, it must be taken cognizance of,” the Court said..Virender Singh was representing a rape victim who had filed an appeal to set aside a judgment dated November 18, 2021 of the Additional Sessions Judge (ASJ), Rohini Courts in relation to a First Information Report (FIR) under sections 376 (rape), 506 (criminal intimidation) of the Indian Penal Code (IPC).The appeal stated that though they had prayed for the proceedings before the trial court to be stayed as it was not presided over by a lady officer, the request was denied by the judge and trial was allowed to continue.It was alleged that the concerned judge of the High Court did not record the submissions of the victim which showed the judge’s personal and interest and the fact that he/she favoured the accused.Several other allegations were also made in the appeal not only against the High Court judges but even the judicial officers of the lower court..The court further noted that an examination of the affidavit showed that the allegations made were not by the appellant but were made on the legal advice from the lawyer.It, therefore, issued contempt notices to Singh giving him two weeks to file a response.The matter was placed before the roster division bench for further consideration on August 8..Advocate Virender Singh appeared for the petitioner in the case.Additional Public Prosecutor Sanjiv Sabharwal and advocates Kanhaiya Singhal, Priyal Garg, Saumya Sharma and Prasanna appeared for the respondents..[Read Order]