Advocate found guilty of scandalizing the court, making baseless allegations against judicial officers, and disrupting court proceedings in intoxicated state; court emphasizes need to uphold judiciary’s dignity and authority
In a significant judgment delivered on September 11, 2026, the Karnataka High Court (Division Bench comprising Mrs. Anu Sivaraman and Justice Venkatesh Naik T.) convicted Advocate Pankaj Kaushik for criminal contempt of court. The contempt petition was initiated suo-motu by the High Court, acting upon letters and reports from the Principal District and Sessions Judge and the Additional Civil Judge and JMFC-II, Uttara Kannada District, Karwar.
The case arose from two separate incidents in April 2022. On April 8, 2022, although his domestic violence case (No. 11/2014) was not listed, Pankaj Kaushik appeared before the Additional Civil Judge and JMFC-II, Karwar, and shouted at the Presiding Officer and court officials. He accused the Presiding Officer of corruption, alleging that orders were passed in favor of his wife after receiving money. Despite warnings, the accused persisted in his misconduct, disrupting the court decorum. This led to a complaint from the Judicial Officer to the Principal District and Sessions Judge.
Subsequently, on April 20, 2022, while Senior Counsel Sri K.R. Desai was arguing, the accused interrupted disrespectfully, asking to stop the arguments so his case could be taken up. The accused was found to be intoxicated, and medical examination confirmed the presence of alcohol. His behavior included yelling at the bench and staff, further aggravating the contemptuous conduct.
Though the accused submitted an apology on April 11, 2022, he did not express any regret during the trial and attempted to justify his actions. He also claimed to suffer from epilepsy and other health issues, but the court found no mitigating circumstances.
The Karnataka High Court examined the conduct of the accused under Sections 2(c) and 12 of the Contempt of Courts Act, 1971, which define criminal contempt and prescribe punishment. The Court relied on the evidence presented, including medical certificates, letters from judicial officers, and witness testimonies.
Citing precedents such as Rajendra Sail v. M.P. High Court Bar Association (2005), Prashant Bhushan in Re (2021), and Vijay Kurle in Re (2021), the Court reiterated that while fair criticism of judicial decisions is permissible, scandalizing the court or making baseless, derogatory allegations against judges or judicial officers amounts to criminal contempt. Such conduct undermines public confidence in the judiciary and the rule of law.
The Court emphasized that the accused’s repeated interruptions, baseless accusations, and intoxicated behavior severely impacted the dignity and authority of the court. Such actions could not be condoned, especially from a legal professional.
After hearing the accused on the sentence, the Court sentenced Advocate Pankaj Kaushik to one day of simple imprisonment (to be served till the rising of the court) and imposed a fine of Rs. 2,000. In case of default of payment, an additional one day of simple imprisonment shall be served. The accused was taken into custody immediately to serve the sentence.
The Court ordered the issuance of a conviction warrant and directed the registry to provide a free copy of the order to the accused. The judgment serves as a stern reminder that the judiciary will not tolerate any attempts to scandalize or disrupt its functioning and that advocates must uphold the highest standards of professional conduct.
Bottom Line:
Contempt of Court - Advocate found guilty of criminal contempt for scandalizing the court, making baseless allegations against judicial officers, and displaying contemptuous behavior in a drunken state during court proceedings. Punishment awarded includes one day of simple imprisonment and a fine of Rs. 2,000.
Statutory provision(s):
Contempt of Courts Act, 1971 Sections 2(c), 12(1), 14, 15; Article 215 of the Constitution of India
High Court of Karnataka v. Pankaj Kaushik, (Karnataka)(DB) : Law Finder Doc Id # 2977422
