Jahanvi Agarwal
On 27th August 2024, Delhi High Court found an advocate guilty of criminal contempt after he appeared in court under the influence of alcohol and threatened a judicial officer. The case was presided over by a Division Bench comprising Justices Pratibha M Singh and Amit Sharma, where the court noted that the advocate’s behavior—appearing intoxicated and using derogatory language—was not only inappropriate but also undermined the dignity of the court and the administration of justice.
The Bench emphasized that the language used by the contemnor was “filthy and derogatory”, and that it clearly fell within the scope of criminal contempt as defined under the Contempt of Courts Act. The court was particularly concerned because the judicial officer at the receiving end of this misconduct was a female judge, which made the advocate’s conduct even more reprehensible.
The Bench remarked, “Appearing before the Court in a state of intoxication is also inexcusable. It amounts to contempt of court. Thus, this Court has no doubt in holding the respondent guilty of criminal contempt.”
Despite the seriousness of the offense, the court chose not to impose additional punishment, noting that Rathod had already served more than five months in jail following the incident. The court acknowledged the time he had already spent in custody as sufficient punishment for his actions in this particular instance.
The incident in question occurred back in 2015, when Rathod represented an accused driver before the Metropolitan Magistrate (Traffic) at Karkardooma Court. After the morning hearing was adjourned to the next day, Rathod returned to the courtroom later that day, intoxicated, and began shouting at the judge. His behavior led to the lodging of an FIR and his subsequent imprisonment. The seriousness of his actions prompted the metropolitan magistrate to report the incident to the Delhi High Court, leading to the initiation of a suo motu contempt case against him.
Case Name: Court On Its Own Motion vs. Sanjay Rathod (Advocate)
Case Number: CONT. CAS. (CRL) 8/2015
Bench: Justices Pratibha M Singh and Amit Sharma