Court accepts genuine remorse expressed by Deepak Khosla for scandalous allegations against sitting judges and orders voluntary donation to cancer hospital as a gesture of contrition
In a significant suo motu contempt proceeding, the Gujarat High Court addressed unwarranted and scandalous allegations made against two sitting judges by Deepak Khosla, who had filed an application containing such assertions. The Court observed that the manner in which Khosla conducted himself in his application necessitated initiating contempt action against him to uphold the dignity of the judiciary.
During the hearing, when the objectionable averments were highlighted, Deepak Khosla, appearing in person, offered an unconditional apology. He admitted that there was no justification for making the allegations against the judges, especially since his contempt petition was primarily directed against other respondents. He filed a detailed affidavit expressing genuine regret and remorse for his conduct.
The Court noted that although the affidavit contained lengthy explanations and attempts to justify his conduct, the core expression of regret was sincere. It also acknowledged that previous contempt orders against Khosla from other courts were not decisive for the current proceedings.
As a mark of contrition, Khosla voluntarily agreed to donate Rs. 1,00,000 to Mangal Jivan Healthcare Private Limited, a hospital specializing in treating cancer patients. The Gujarat High Court accepted this gesture along with the apology and accordingly dropped the contempt proceedings. The Court directed the Registry to ensure the donation is handed over to the hospital.
Additionally, the second respondent, who had acted on Khosla's legal advice and also tendered an apology, was absolved of contempt as well.
This judgment reinforces the principle that while freedom of speech and legal recourse are fundamental, the judiciary must be protected from baseless and scandalous attacks that undermine its authority and public confidence. The acceptance of apology coupled with a remedial act such as a charitable donation exemplifies a balanced approach in contempt matters, allowing for correction without excessive punishment when genuine remorse is shown.
Bottom Line:
Contempt of Court - Suo motu contempt initiated for scandalous and unwarranted allegations against sitting Judges - Unconditional apology and affidavit expressing remorse accepted - Voluntary donation made as gesture of remorse - Contempt proceedings dropped.
Statutory provision(s):
Contempt of Courts Act, 1971 (applicable principles on contempt and apology)
Suo Motu v. Deepak Khosla, (Gujarat)(DB) : Law Finder Doc Id # 2998049
