The Gauhati High Court today convicted a lawyer for criminal contempt of his comments on the jewelry of a judicial officer and for demeaning her by comparing her to a “mythical character” of a demon called Bhasmasur.
Justice Kalyan Rai Surana and Justice Devashis Baruah in the suo motu case granted bail to lawyer Utpal Goswami on March 9 on a personal bond of Rs 10,000 and the court will conduct the sentence hearing on March 20.
The court in its order stated that “Utpal Goswami, who is an Advocate by profession, and charged with criminal contempt referred to in section 14 of the Contempt of Courts Act,1971 filed his affidavit in support of his defense on January 17 and in paragraph 5 and 6 thereof, the respondent/contemnor has pleaded guilty to the charge.”
He has specifically admitted that he had come to realize that respect of the Judges and Magistrates of any Court should be preserved and protected by the establishment of peace, order, harmony, and tranquility of human society, the order reads.
The order reads that “Further, he has admitted that he committed the crime due to insufficient knowledge of Law and its practice and hence he tendered his unconditional apology as this is his first crime and he assured the Court that he shall never repeat this type of crime in future”
Further in the order “It is noted that by filing a petition under section 24 CPC, in connection with TA No.6/2018, which was pending before the Court of learned Additional District Judge, Jorhat the petitioner has made a scathing that the presiding officer has been presiding the Court by wearing jewelry like a model in the ramp and that each and every occasion she tried to overpower/depress the advocates by citing unnecessary case laws and sections of statues without hearing the advocates and tries to control the Courtroom behaving like a Gangue (sic).” He has also alleged that she treats her typist as something special to her. The respondent has also alleged that the concerned judicial officer collects eatables from the Majuli district through her office assistant and also uses an official driver and car for personal work.
The lawyer compared her to Bhasmasur, a mythical demonic character mentioned in the Puranas and the Mahabharata.
The order stated that “Several other allegations have been made to portray the concerned judicial officer in a demeaning manner and have attacked her understanding of law as well as derogated her personality in many ways by even comparing her to a mythical character in Purana/ Mahabharat, known as bhasmasur.”
The order further stated that “In view of the plea of guilty taken by the respondent/contemnor, we hereby convict the respondent contemnor on his plea of guilty being taken, as per the provision of Section 14 of the Courts Act, 1971. Accordingly, the respondent/contemnor shall submit a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) for being released on bail. In respect of the sentencing hearing, we direct the registry to list the matter on March 20.”
