LAWS(DLH)-2016-2-281

COURT ON ITS OWN MOTION Vs. DEEPAK KHOSLA

Decided On February 22, 2016
COURT ON ITS OWN MOTION Appellant
V/S
Deepak Khosla Respondents

JUDGEMENT

(1.) After 26 judges of the Delhi High Court had recused themselves from hearing this and another criminal contempt petition (Cont Cas Crl. 12/2014), the Hon'ble Chief Justice has constituted this Special Division Bench to adjudicate upon the two pending petitions against the respondent, Deepak Khosla - an advocate, who has appeared before the Court.

(2.) On 05.09.2014, in LPA No. 583/2014, the respondent, made certain unwarranted averments in his pleadings and in his oral submissions before a Division Bench of this Court comprising of Hon'ble Mr. Justice S. Ravindra Bhat and Hon'ble Mr. Justice J.R. Midha. Taking a prima facie view that the respondent's submissions constituted criminal contempt and tended to scandalise and lower the authority/prestige of the court, the Court took suo moto cognizance of the same under Sec. 15(1) of the Contempt of Courts Act, 1971 and issued a show cause notice, vide order dated 8.9.2014, as to why the respondent should not be punished for contempt. The said order reads:

(3.) This Court is of opinion that the above averments prima facie constitute criminal contempt as defined under Sec. 2(c) (i) of the Act. This Court takes cognizance of the offence under Sec. 15(1) of the Contempt of Court Act, 1971. Mr. Deepak Khosla is required to show -cause why he should not be punished for committing such criminal contempt. Mr. Deepak Khosla may file an affidavit in support of his defence. List on 16.09.2014, before the roster bench. This Court directs the Register to issue the following show cause notice personally to Mr. Deepak Khosla in accordance with Sec. 17 of the Contempt of Court, 1971: -