The Karnataka High Court on September 11 sentenced a 51-year-old advocate, Pankaj Kaushik, to one day’s simple imprisonment, till the rising of the court, for criminal contempt after he misbehaved before a civil court in Karwar in 2022 while in an inebriated condition.
A division bench of Justice Anu Sivaraman and Justice Venkatesh Naik T also imposed a fine of Rs 2,000 on Kaushik and directed that he be taken into custody immediately to serve the sentence, according to Indian Express.
“We are of the clear opinion that if conduct of this nature is not punished, sociopaths like the accused are likely to repeat such offences with impunity which would endanger the rule of law and the judicial system as a whole,” the bench observed.
The contempt proceedings stemmed from an incident on April 20, 2022, at the court of Shrinivas Patil, then additional civil judge and judicial magistrate first class-II in Karwar, Uttara Kannada district.
On the day, at around 3.30 pm, a senior counsel was addressing arguments before Judge Patil when Kaushik interrupted and insisted that his case be taken up. When the judge intervened, Kaushik allegedly refused to listen and began shouting at those present in the courtroom.
Judge Patil noted that Kaushik smelled of alcohol and appeared unsteady. He was subsequently taken to the Civil Hospital in Karwar, where he was tested for alcohol consumption.
On April 22, 2022, the principal district and sessions judge of Karwar forwarded Judge Patil’s letter, along with Kaushik’s drunkenness certificate, to the High Court seeking appropriate action.
The High Court subsequently initiated criminal contempt proceedings against Kaushik.
During the proceedings, Kaushik denied the allegations. He said that he had been practising in the Karwar courts for 18 years and had an unblemished record, maintaining his dignity and sobriety. He also alleged that the contempt proceedings had been deliberately initiated to harass him.
The High Court, however, said the evidence recorded during the proceedings established the charges against him.
“We are of the clear view that the charges levelled against the accused stand proved. He has committed aggravated contempt in the face of the court by scurrilous, scandalous and baseless statements against judicial officers as well as the judges of the court,” the bench said.
The court also noted that Kaushik had not expressed remorse for his conduct and had instead attempted to justify his actions.
“His conduct can only be termed as deliberate and adamant and reveals complete apathy towards social, moral and judicial codes of conduct,” the bench observed.
Taking into account Kaushik’s conduct, age and profession, the court sentenced him to simple imprisonment for one day, till the court rises, along with a fine of Rs 2,000.