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Gulshan Bajwa vs Registrar, High Court of Delhi & Anr.

Not available · 2024 INSC 74Decided 30 Jan 2024
Not available
Justice Vikram Nath · Justice Pamidighantam Sri Narasimha

Background

Gulshan Bajwa, a practising advocate and former army officer, was convicted by the Delhi High Court in 2006 for criminal contempt after a pattern of misconduct spanning multiple cases, including openly threatening a lady advocate in open court with "consequences," filing transfer petitions without his clients' knowledge or signatures, repeatedly failing to appear despite warrants (including non-bailable warrants), and filing written submissions containing bizarre claims that he had "cursed" judges who ruled against him, several of whom he claimed had subsequently died or been paralysed as a result. The High Court sentenced him to three months' civil imprisonment and a fine in each of two contempt cases. He appealed to the Supreme Court, which had stayed the sentence back in 2007, and the matter finally came up for final hearing many years later.

Decision Breakdown

The Supreme Court upheld the High Court's finding of criminal contempt, agreeing that Bajwa's conduct (malicious threats to opposing counsel, filing petitions without clients' knowledge, and libellous, threatening allegations against judges) amounted to interference with the administration of justice and undermined judicial dignity. The Court rejected Bajwa's apology as insincere, belated "lip service" rather than genuine remorse, and dismissed his various procedural objections (forum shopping, alleged non-service of notice, claims of bias) as unsupported and, in some instances, factually incorrect. However, taking into account his advanced age and stated medical ailments, the Court modified the sentence from three months' imprisonment to imprisonment till the rising of the court (i.e., a nominal, same-day term), while upholding the conviction itself. Three other connected but unrelated matters filed by Bajwa were de-tagged for separate hearing.

Lesson Learnt

Courts will not tolerate advocates who threaten opposing counsel or make malicious, motivated allegations against judges: such conduct amounts to contempt of court regardless of how much leniency is initially extended, and a hollow, insincere apology offered years later will not undo a conviction, though genuine mitigating factors like age and health can still soften the sentence.

Official source (sci.gov.in)View Judgment (PDF)

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