Anxiety During Trial Don't Justify Casting Aspersions On Judge: High Court

Anxiety during a trial does not justify casting aspersions on a judge, the Delhi High Court has said while imposing costs of Rs 5,000 on a litigant who is facing proceedings in a contempt reference.

The reference arose from a trial court's proceedings in a criminal case where the litigant cast aspersions on the presiding judicial officer.

The "amicus curiae" (friend of the court) in the matter said the litigant (respondent), who has no formal legal education but was fighting the criminal case on his own before the trial court, has tendered an unconditional apology.

He further said the respondent had unfortunately used intemperate language in one of his applications as he might have been anxious and fallen into error.

"This court is of the opinion that the anxiety which the respondent went through during the trial does not justify his actions of casting aspersions on the presiding judge. The fact that the respondent elected to defend his own case is no justification for being disrespectful towards the presiding judge," Justice Manmeet Pritam Singh Arora said in a recent order.

"If the explanation offered by the respondent for his intemperate pleadings is accepted, it would entitle every litigant to undermine the majesty of the court on the specious plea of anxiety," the court said.

Considering the fact that the respondent is a single father, the court deemed it appropriate to accept the unconditional apology with a warning to him to exercise restraint and refrain from casting aspersions on courts.

It added that if he casts aspersions on the integrity of a court in any future legal proceedings, the record of the present case would be considered as evidence and his conduct as "aggravated contempt of the court".

It further said the costs shall be deposited with the Delhi High Court Legal Services Committee.

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