GULSHAN BAJWA versus REGISTRAR, HIGH COURT OF DELHI & ANR.

Citation: [2024] 1 S.C.R. 1151 · Decided: 30-01-2024 · Supreme Court of India · Bench: VIKRAM NATH, PAMIDIGHANTAM SRI NARASIMHA · Disposal: Dismissed
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Judgment (excerpt)

[2024] 1 S.C.R. 1151 : 2024 INSC 74
Gulshan Bajwa 
v. 
Registrar, High Court of Delhi & Anr.
(Criminal Appeal No. 577 of 2007)
30 January 2024
[Vikram Nath and Pamidighantam Sri Narasimha, JJ.]
Issue for Consideration
High Court exercising suo motu contempt jurisdiction against the 
appellant for repeatedly disobeying the orders of the court, and 
for casting aspersions and threatening the Judges hearing the 
matters, and thereafter, holding him guilty of criminal contempt 
and sentencing him, if calls for interference
Headnotes
Contempt of Courts Act, 1971 – Appellant-practising advocate 
and former army personnel threatened lady counsel appearing 
for the opposite side after seeking adjournment in the matter, 
repeatedly disobeyed orders, repeatedly failed to appear before 
the court despite attempts made to secure his presence and 
casted aspersions and threatened the Judges hearing the 
matters – Suo motu contempt jurisdiction exercised by the 
High Court – Appellant held guilty of criminal contempt and 
awarded a punishment of simple imprisonment of 3 months 
along with a fine of Rs. 2000, in each contempt proceeding 
– Interference with:
Held: Appellant’s conduct before the High Court and even before 
this Court, amounts to undermining the system of the law and 
interfering with the course of justice administration – High Court 
observed a pattern in the behaviour of the appellant – He has had 
a habit of misbehaving with a Bench which is not agreeing with 
him – Misbehaviour goes to the extent of casting aspersions and 
threatening the Judges hearing the matters – High Court rightly 
held that there is need to maintain the dignity and reputation of 
judicial officers and to protect them from motivated, libellous and 
unfounded allegations which interfere with the administration of 
justice – Also, the High Court rightly rejected the apology tendered 
by the appellant since it was not bonafide and lacked in sincerity, 
apart from being belated and a mere ‘lip service’ – Furthermore, 
the appellant was trying to resort to forum shopping by asking this 
1152
[2024] 1 S.C.R.
Digital Supreme Court Reports 
Court to refer the matter to a judge who had issued notice in a 
connected matter – Appellant failed to see that notice in the lead 
matter was issued more than a decade and half ago – In view 
thereof, the finding of conviction against the appellant warrants 
no interference – However, considering his age and his medical 
ailments, the sentence imposed is modified from imprisonment for 
three months till the rising of the court. [Paras 17-18, 21, 22, 23]
Judicial independence – Protection of:
Held: Judicial independence ought to be protected from acts 
maligning the reputation of judicial officers – There is need to 
maintain the dignity of the Court and majesty of law. [Para 17]
Contempt of court – Apology tendered, when can be accepted:
Held: Apology must evidence remorse with respect to the 
contemptuous acts and is not to be used as a weapon to purge 
the guilty of their offence – An apology lacking in sincerity and not 
evidencing contriteness, cannot be accepted. [Para 22]
Case Law Cited
M.B. Sanghi, Advocate v. High Court of Punjab & 
Haryana, 1991 (3) SCR 312 : (1991) 3 SCC 600; Pritam 
Pal v. High Court of M.P., Jabalpur, [1992] 1 SCR 
864 : 1993 Supp (1) SCC 529; Ajay Kumar Pandey, 
Advocate, In Re, 1998 (2) Suppl. SCR 87 : (1998) 7 
SCC 248 – relied on.
M.Y. Shareef v. Hon’ble Judges of High Court of Nagpur, 
(1955) 1 SCR 757 ; Omesh Saigal and State v. R.K. 
Dalmia, 1968 SCC OnLine Del 179; L. D. Jaikwal v. 
State of U.P., 1984 (3) SCR 833 : (1984) 3 SCC 405 
– referred to.
List of Acts
Contempt of Courts Act, 1971.
List Keywords
Contempt of Court; Suo motu contempt jurisdiction; Criminal 
contempt; Civil imprisonment; Adjournment; Casting aspersions 
and threatening the Judges hearing the matters; Bailable warrents; 
Non-Bailable warrents; Judicial independence; Maligning the 
reputation of judicial officers; Libellous and motivated allegations 
[2024] 1 S.C.R. 
1153
Gulshan Bajwa v. Registrar, High Court of Delhi & Anr. 
against the Court and its Judges; Administration of justice; Dignity 
and reputation of judicial officers; Apology; Forum shopping; Service 
of notice; Bias; Misbehaviour; Modification of sentence.
Case Arising From
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.577 
of 2007.
From the Judgment and Order dated 19.10.2006 of the High Court 
of Delhi at New Delhi in CC Nos.16
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