The Division Bench of the Gujarat High Court comprising Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri in the case of Suo Motu v. Anand H Goswami has initiated contempt proceedings and framed charges against 64 year aged person for using defamatory language against Hon’ble Judge of High Court.

Reasoning and Decision of the Court

The Court had initiated suo motu proceedings against the accused Respondent for using defamatory language against Hon’ble Judge of this Court.

The Bench expounded that Accused Respondent had tried to attack an individual judge and on the Court as a whole with reference to Criminal Misc. by casting unwarranted defamatory assertion upon the character and ability of Hon’ble Judge.

The Court framed the charges under following heads:

  1. Scandalizing the Court in the aforesaid manner amounts to a criminal contempt as defined under Section 2(c)(i), (ii) and (iii) of the Contempt of Courts Act 1971.
  2. Defamatory language used by you Mr. Anandgiri Harigiri Goswami is with an intention and object to scandalize the Court and such acts would be falling within the meaning of definition of Section 2(c) of the Contempt of Courts Act, 1971.
  3. Respondent Accused had tried to interfere with and obstruct the administration of justice and said acts are punishable under Sections 11 and 12 of the Contempt of Courts Act.

Therefore, the Bench took cognizance of the said acts and directed that the respondent be tried by this Court on the said charge.

Case Details

Case: - R/CRIMINAL MISC.APPLICATION NO. 18552 of 2013

Petitioner –Suo Motu

Respondent - Anand H Goswami

Judge: Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri

Picture Source :

 
Vishal Gupta