The Delhi High Court, in a significant ruling, accepted the unconditional apology of Advocate Shivashish Gunwal, who was facing contempt proceedings for misbehavior in court. A division bench comprising Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta observed that while aggression and raising one’s voice in court are unacceptable, Gunwal’s long-standing legal career without prior incidents merited leniency.
Background of the Case
The contempt case, CONT.CAS.(CRL) 2/2025, arose from an incident in the Saket District Court, where Additional Sessions Judge (ASJ) (SC POCSO) recorded that Advocate Gunwal had engaged in aggressive and inappropriate behavior during court proceedings. The matter was brought to the attention of the High Court following the ASJ’s order on November 23, 2024, which described Gunwal’s conduct as disruptive and disrespectful.
Allegations Against the Advocate
During the hearing of a case related to the Protection of Children from Sexual Offences (POCSO) Act, Gunwal, representing the accused, allegedly argued with the court in an “unnecessarily rash and condescending manner.” According to the ASJ’s order, he pointed fingers at the court, questioned the judicial wisdom of the judge, and made statements such as:
“You tell me the law.”
“Why don’t you convict the accused now itself?”
Despite multiple warnings to maintain decorum, he continued arguing, raising his voice, and disrupting the proceedings. The court staff, prosecution counsel, and the complainant’s proxy counsel all witnessed the incident. The ASJ noted that even after withdrawing his Vakalatnama, Gunwal remained in the courtroom with two or three associates, creating an “intimidating atmosphere.” He allegedly left the court stating, “I will be making a complaint against you.”
Legal Issues and High Court’s Observations
The Delhi High Court issued a contempt notice to Gunwal, who appeared in person and tendered an unconditional apology. He highlighted his 20 years of practice without any prior disciplinary action, pleading for forgiveness.
The High Court acknowledged that legal professionals are expected to maintain decorum and dignity inside the courtroom. The bench observed:
“There can be no doubt that unnecessary aggression and raising of voice in court, which demonstrates disrespect, cannot be tolerated. Lawyers ought to maintain decorum in the courtroom.”
Court’s Decision
While holding that Gunwal’s behavior was inappropriate, the court took into consideration his past record and accepted his apology. However, as a measure of restitution, the High Court directed him to provide pro bono legal services to at least two accused or victims in the Saket District Court. The appointments for these cases will be determined by the concerned Presiding Officer, Ms. Ankita Lal.
With this directive, the High Court discharged the contempt proceedings against Gunwal and disposed of the petition.
