The Supreme Court has refused interim protection to Maharashtra judicial officer Dilip S Ghumare from contempt proceedings initiated by the Bombay High Court over his alleged conduct in open court, while seeking the High Court’s response to his challenge.
A bench of Justices Vikram Nath and Sandeep Mehta issued notice on Ghumare’s plea but made it clear that the contempt case would not be stayed. At the same time, the bench asked the High Court not to take a final decision in the proceedings until the Supreme Court hears the matter again on September 28.
The bench strongly disapproved of the alleged conduct attributed to Ghumare, observing that a judicial officer could not raise his voice at the High Court and describing such behaviour as gross indiscipline.
What Led To The Contempt Proceedings
The controversy stems from proceedings before a Bombay High Court bench of Justices AS Gadkari and Kamal Khata on September 1 concerning an affidavit on vacancies in 179 newly created posts for fast track courts.
Ghumare was present when the High Court sought clarification on the affidavit. According to the High Court’s order, instead of responding to the query, he spoke in an aggressive and high-pitched manner and blamed the High Court administration for the failure to fill the 179 posts.
The High Court viewed his conduct in a packed courtroom as an attempt to undermine its authority and issued a contempt notice against him under Article 215 of the Constitution read with Section 2(c) of the Contempt of Courts Act, 1971.
Ghumare subsequently moved the Supreme Court questioning the contempt proceedings.
Officer Says He Raised Voice Only To Be Heard
Appearing for Ghumare, Senior Advocate Vikas Singh disputed the allegation that the judicial officer had shouted at the High Court. He submitted that Ghumare was away from the microphone and had merely spoken louder so that he could be heard.
Singh also informed the Supreme Court that Ghumare had opted for voluntary retirement. He said the officer would nevertheless have to serve for another three months at the place to which he had been transferred, around 1,000 kilometres away and described by counsel as a Naxalite area. He also sought liberty for Ghumare to withdraw his resignation.
The bench questioned why Ghumare had chosen to resign instead of tendering an unconditional apology. It observed that if a judicial officer was so hot-headed, his fitness to remain in judicial service itself became questionable.
Singh responded that Ghumare had already apologised before the High Court and that the apology had also been recorded in its order.
Transfer Argument Fails To Secure Stay
Counsel further urged the Supreme Court to consider that Ghumare had been transferred to the Naxalite area the day after the incident, arguing that the circumstances could send a wrong signal.
The submission did not persuade the bench to suspend the contempt case. The Court observed that a judicial officer had no business standing before the High Court and accusing its administration of failing to fill posts. It also remarked that even senior administrative officers appearing before courts would not dare raise their voice in such a manner.
While leaving the contempt proceedings in place, the Supreme Court directed that no final decision be taken by the Bombay High Court before the next hearing.
The matter will next be taken up on September 28.
