The Madhya Pradesh High Court on Monday directed BJP MLA and mining baron Sanjay Pathak to appear personally before the bench on April 21, even as the legislator tendered an “unconditional apology” through his legal counsel in a criminal contempt case.
The case stems from allegations that Pathak, the MLA for Vijayraghavgarh, attempted to interfere with the judicial process by contacting a High Court judge via telephone regarding a case involving illegal mining.
During the proceedings, a division bench comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf heard submissions from Pathak’s legal team, led by senior advocate and former Attorney General Mukul Rohatgi.
Rohatgi submitted an affidavit on behalf of Pathak, admitting to the mistake and offering an unconditional apology to the court. Arguing against harsh penalties, Rohatgi contended that punishment in criminal contempt is typically reserved for instances where the offense is inexcusable or where the party refuses to admit their error.
While the court took the affidavit on record, it maintained that the MLA’s physical presence is necessary for the next stage of the proceedings.
The High Court had initiated the criminal contempt case suo motu (on its own motion) on April 2. The move followed a disclosure by Justice Vishal Mishra, who recused himself from an illegal mining case in September last year.
At the time, Justice Mishra stated that Pathak had attempted to call him to “discuss this particular matter,” leading the judge to declare he was no longer inclined to hear the petition.
The original petitioner, Ashutosh Dixit, a resident of Katni, had approached the High Court alleging that three companies linked to Pathak were engaged in “illegal and excessive mining” in the Sihora area of Jabalpur and on protected forest land. Dixit’s counsel, Arvind Shrivastava, argued that the MLA’s attempt to contact a sitting judge constituted a direct and serious interference in the judicial process.
The petitioner had initially sought intervention from administrative authorities regarding the mining activities, but moved the High Court after claiming no concrete action was taken. Following Justice Mishra’s recusal and his recommendation that the matter be handled at the administrative level by the Chief Justice, the court’s latest direction marks a significant escalation in the accountability of the five-time MLA.
The court has now issued a formal notice requiring Pathak to be present in the courtroom for the hearing scheduled for April 21.
