LEILA DAVID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This unnumbered application has been filed in WP (Crl.) No. D 24281 of 2008 asking this Bench to recuse itself from the present case. Despite being given an opportunity to place the application which has been filed by Ms Annette Kotian, in one of the writ petitions, she not only refused to do so, but also refused to abide by the norms and decorum to be maintained inside a courtroom and, in particular, in the Supreme Court. Despite being repeatedly told to mind her language and aggressive behaviour, she continued her tirade and asserted that she would continue to use such indecorous, indecent, slanderous, and offensive language as it was her fundamental right to protect herself under Article 21 of the Constitution. She also asserted that she was exercising her fundamental right to free speech, guaranteed under Article 19 of the Constitution. Ms Annette Kotian's submissions were endorsed by Dr. Sarita Parikh with equal vehemence.

(2.) We have heard the learned Attorney General and the learned Solicitor General on this application. We see no reason to allow the prayer made in the application and the same is, therefore, rejected.

(3.) As far as the contempt matter is concerned, on 16-7-20091, we had given an opportunity to the alleged contemnors to make their submissions in the matter. However, in view of the fact that the contemnors were insisting on addressing the Court on alleged violation of their fundamental rights, which had already been urged earlier during the hearing of the writ petitions, we had to request the learned Attorney General as well as the learned Solicitor General and the President of the Supreme Court Bar Association to address us in regard to the orders which had been passed on 20-3-20092, on account whereof the matters were referred to the Special Bench. On that date, certain judgments were referred to by the learned Attorney General and since the alleged contemnors, who are appearing in person, wanted time to consider the decisions, we had adjourned the contempt matter till today to enable them to make submissions with regard to the same.