Advocate Rakesh Kumar faces criminal contempt charges for derogatory conduct, highlighting the judiciary's stand against disrespectful behavior.
In a significant ruling, the Delhi High Court has charged Advocate Rakesh Kumar with criminal contempt for his derogatory and unprofessional conduct during a virtual court proceeding. The judgment, delivered by a division bench comprising Justices Navin Chawla and Ravinder Dudeja, underscores the judiciary's intolerance towards behavior that undermines the court's authority and disrupts the administration of justice.
The contempt proceedings stem from an incident on April 16, 2025, during a virtual hearing of a commercial case, where Rakesh Kumar, representing the defendant, engaged in a heated exchange with the presiding judge, Shri M. K. Nagpal, at the Tis Hazari Courts. Dissatisfied with the court's response regarding an error in the listing date, Kumar resorted to using derogatory and un-parliamentary language, demanding a written apology from the court. Despite repeated warnings from the judge to maintain decorum, Kumar persisted in his disrespectful tirade.
The court noted that Kumar's actions amounted to criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971, which defines criminal contempt as acts that lower the authority of the court or interfere with judicial proceedings. The court emphasized that such behavior not only disrespects the court but also erodes public confidence in the judiciary.
Kumar, appearing in person, pleaded not guilty to the charges and expressed his intention to contest them. He also claimed that he had not received the complete reference materials, including the audio-video recording of the proceedings, which the court allowed him to obtain from the registry.
The court has granted Kumar four weeks to respond to the charges and scheduled the next hearing for October 15, 2026. Kumar has been ordered to be personally present at the next hearing, highlighting the seriousness with which the court views this matter.
This case serves as a reminder to legal practitioners about the importance of maintaining professional conduct and respect towards the judiciary, especially in the evolving landscape of virtual court proceedings.
Bottom Line :
Misbehavior in open court and use of derogatory language by an advocate during virtual proceedings amounts to criminal contempt of court, punishable under Section 12 of the Contempt of Court Act, 1971.
Statutory provision(s): Contempt of Courts Act, 1971, Section 2(c), Section 12
Court on its Own Motion v. Rakesh Kumar, (Delhi)(DB) : Law Finder Doc id # 2965200
