Bombay High Court Issues Contempt Notice to Advocate for Scandalous Press Conference Against Sitting Judge.
08 April 2025
Criminal Appeals & Suspension of Sentence >> Criminal Law
The grounds for disqualification alleged in the press conference were: (i) the Judge's sister being a member of a political group and an accused in a case filed by Mr. Ojha's client, (ii) a supposed deemed grant of sanction to prosecute the Judge and a former Chief Justice for delaying a previous case, with alleged oral confirmation from the President's office to proceed with prosecution, and (iii) an accusation of forgery of court records by the sitting Judge in other cases pending before the court, purportedly creating a conflict of interest and bias.
The court noted that Mr. Ojha should have raised any concerns about the Judge's recusal before the Division Bench on the scheduled hearing date of April 2, 2025. Instead, he held a press conference a day prior. On April 2nd, Mr. Ojha informed the Bench that the writ petition pertained to another judge's bench.
The High Court found the statements made in the press conference to be deliberately scandalous, potentially defamatory, and aimed at lowering the authority of the court and interfering with judicial proceedings. The court concluded that Mr. Ojha's actions prima facie constitute criminal contempt under the Contempt of Courts Act, 1971.
The court impleaded the Union of India, the State of Maharashtra, various Bar Councils and Associations, YouTube, and ABP Majha as party respondents. The Additional Solicitor General of India and the Advocate General for the State of Maharashtra were requested to assist the court, along with Senior Advocates Mr. Darius Khambata and Dr. Milind Sathe, who were appointed as Amicus Curiae.
Section 218, BHARATIYA NYAYA SANHITA - 2023