Bombay High Court
High Court On Its Own Motion ... vs Anil Gidwani Contemnor And State ... on 31 October, 2023
Bench: R.P. Mohite-Dere, Gauri Godse
Digitally
signed by
SHAGUFTA
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 3 & 4-SMCP-3-2017 & Ref-2-2018.doc
2023.11.01
19:15:03
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUO MOTU CONTEMPT PETITION NO. 3 OF 2017
IN
NOTICE OF MOTION NO. 328 OF 2014
High Court on its own motion, through
Prothonotary & Senior Master ...Petitioner
Versus
Anil Gidwani & Ors. ...Respondents
WITH
CRIMINAL REFERENCE NO. 2 OF 2018
S. J. Gaikwad, Judge ...Petitioner
Versus
Anil Gulabrai Gidwani & Anr. ...Respondents
Mr. Birendra Saraf, Advocate General a/w Mr. Sukanta Karmakar,
A.G.P for the Respondent No.2-State in SMCP/3/2017
Mr. A.R. Patil, A.P.P and Ms. P. P. Shinde for the Respondent No.2-
State in Cri.Ref./2/2018
Mr. Anil G. Gidwani, Respondent No. 1 is present in-person
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
TUESDAY, 31st OCTOBER 2023
SQ Pathan 1/5
3 & 4-SMCP-3-2017 & Ref-2-2018.doc
P.C :
1 The matters were fixed today at 4:00 p.m. for final
hearing and accordingly were taken up for hearing at 4:00 p.m
and heard till 6:00 p.m. We have heard Mr. Gidwani for little
over an hour. We have also heard the learned Advocate General.
2 Though during the course of the arguments,
Mr. Gidwani asked for an adjournment and submitted that he was
not aware that the matter would be taken up for final disposal,
the same is contrary to the letter dated 30th October 2023,
addressed by Mr. Gidwani to the Hon'ble the Chief Justice,
copies of which were marked to the Registrar General, Justice
Revati Mohite Dere and Justice Gauri Godse.
3 In the said letter, Mr. Gidwani has stated that there is
no progress in the matter due to lack of interest by the Court;
that he had gone on a hunger fast in order to ensure quick
SQ Pathan 2/5
3 & 4-SMCP-3-2017 & Ref-2-2018.doc
disposal of the contempt petition; that the Court was labelling
these matters as non-serious; that there was wastage of citizen's
time due to judicial attitudinal shortcoming; that there was denial
of his rights as a Hindu; that there was a request for this High
Court to comply with its own order. It is further mentioned on
page 3 at the bottom that if the Bombay High Court is not
interested in prosecuting these two petitions, the High Court
should admit its mistake in filing these contempt petitions and
close them as soon as possible and thereby dispose them of. It is
also mentioned that the lack of interest is displayed in one of the
orders passed by this Court i.e. the matter be placed at the end of
the admission board for `final hearing', obviously intending, that
it would not reach. Mr. Gidwani has also annexed an article
from a Livelaw News Network - 'Litigants Become
Disillusioned' : Supreme Court Expresses Anguish At Long
Pendency of Civil Cases; Issues Directions For Speedy Disposals.
The entire letter along with its attachments, is placed on record.
SQ Pathan 3/5
3 & 4-SMCP-3-2017 & Ref-2-2018.doc
4 The said letter is contrary to what is urged by
Mr. Gidwani today that he was not prepared, and was unaware
that the matters were to be heard finally. We may note here that
Mr. Gidwani has filed his written arguments, running into 318
pages, in which he has deliberated on the relevant provisions and
various judgments passed by the Courts in support of his
submission in the petition. Hence, we do not think it appropriate
to adjourn the matter on the ground that he is not prepared, as
the same is contrary to what was urged by Mr. Gidwani on the
earlier dates, when we were required to adjourn the matters for
the reasons set out in the earlier orders and having regard to the
letter addressed to the Chief Justice of the Bombay High Court,
with a copy of the letter served yesterday in the Chambers of
Justice Revati Mohite Dere.
5 Mr. Gidwani addressed us on all points and relied to a
great extent, on his written arguments. He also submitted that he
would not make long submissions, as other lawyers do, and that
SQ Pathan 4/5
3 & 4-SMCP-3-2017 & Ref-2-2018.doc
he would keep his submissions brief and to the point. Infact, we
have sat beyond the court working hours i.e. beyond 4:30 p.m.
till 6:00 p.m. to hear the aforesaid matters, so that, Mr. Gidwani
and the learned Advocate General could be heard finally in the
said cases, since the matters were kept specifically for final
hearing today at 4:00 p.m.
6 Closed for orders.
7 Since we have closed the matters for orders, we
requested Mr. Gidwani to give his telephone number, so that, he
can be contacted two days prior to the date of pronouncement of
the order. Accordingly, Mr. Gidwani has handed over his
telephone number to the Court Associate and the said number
written by Mr. Gidwani in his own handwriting is taken on
record.
GAURI GODSE, J. REVATI MOHITE DERE, J.
SQ Pathan 5/5
