Delhi High Court holds Advocate Guilty of Contempt for Drunken Appearance and Abusive Outburst in Court

On August 22, 2024, the Delhi High Court found Advocate Sanjay Rathod guilty of criminal contempt of court. The incident occurred on October 30, 2015, when Mr. Rathod, appearing in a traffic challan proceeding, was reportedly intoxicated and accused of using foul language towards the magistrate in the courtroom.

Mr. Rathod’s counsel asserted, citing section 10 of the Contempt of Courts Act, that since the accused had already been previously convicted under IPC for similar actions, thus, the Court’s jurisdiction to entertain the contempt proceedings was barred.

The High Court observed the landmark decision of the Supreme Court, namely Bathina Ramakrishna Reddy v. State of Madras, along with Daroga Singh & Ors. v. B.K. Pandey and held that the High Court’s jurisdiction to adjudicate contempt proceedings is not restricted by any adjudication in the Indian Penal Code. In simple words, the Court held that the offence of criminal contempt is different from offences under IPC.

In conclusion, the High Court of Delhi held Mr. Rathod guilty of criminal contempt but at the same time held that no additional sentence was required since he had already undergone imprisonment for over five months.