Disha case lawyer faces action for remarks on judge | Mumbai News – The Times of India
Mumbai: Bombay high court on Tuesday directed a notice to be issued for criminal contempt to an advocate for making scandalous and defamatory allegations in a press conference against a sitting judge. Advocate Nilesh Ojha represents the father of Disha Salian, who died after an alleged fall from a Malad building in June 2020.
A full bench comprising chief justice Alok Aradhe and justices A S Chandurkar, Mahesh Sonak, Ravindra Ghuge, and Ajay Gadkari said Ojha’s statements were “contemptuous and amount to interference in the administration of justice and in the course of judicial proceedings.”
Satish Salian’s petition, seeking an FIR against a Shiv Sena (UBT) leader and a CBI probe into his daughter’s death, was listed before a bench led by the concerned judge on April 2. On April 1, Ojha held a press conference where he made statements against the judge, claiming she was not qualified to hear the matter. He also spoke against the former Chief Justice.
The judges, who saw a video of the press conference, said Ojha should have approached the bench seeking recusal of the judge. Instead, he held a press conference. They noted that the April 2 order shows that after Ojha informed the bench that the petition pertains to another bench, the division bench had directed the HC registry to take steps.
“The statements in the press conference with regard to the recusal of a sitting judge of this (High) Court appear to have been made deliberately to scandalise the authority of the court and a judge of this Court,” the bench said. They said Ojha’s statements “prima facie constitute criminal contempt” under the Contempt of Courts Act. They initiated suo motu contempt proceedings, directed the registry to issue notice to Ojha and posted the hearing on April 29.
Taking note of Information Technology (Intermediary Guidelines) Rules, the bench also directed YouTube and ABP Majha to remove the video from their channels.
A full bench comprising chief justice Alok Aradhe and justices A S Chandurkar, Mahesh Sonak, Ravindra Ghuge, and Ajay Gadkari said Ojha’s statements were “contemptuous and amount to interference in the administration of justice and in the course of judicial proceedings.”
Satish Salian’s petition, seeking an FIR against a Shiv Sena (UBT) leader and a CBI probe into his daughter’s death, was listed before a bench led by the concerned judge on April 2. On April 1, Ojha held a press conference where he made statements against the judge, claiming she was not qualified to hear the matter. He also spoke against the former Chief Justice.
The judges, who saw a video of the press conference, said Ojha should have approached the bench seeking recusal of the judge. Instead, he held a press conference. They noted that the April 2 order shows that after Ojha informed the bench that the petition pertains to another bench, the division bench had directed the HC registry to take steps.
“The statements in the press conference with regard to the recusal of a sitting judge of this (High) Court appear to have been made deliberately to scandalise the authority of the court and a judge of this Court,” the bench said. They said Ojha’s statements “prima facie constitute criminal contempt” under the Contempt of Courts Act. They initiated suo motu contempt proceedings, directed the registry to issue notice to Ojha and posted the hearing on April 29.
Taking note of Information Technology (Intermediary Guidelines) Rules, the bench also directed YouTube and ABP Majha to remove the video from their channels.
