The Indian Supreme Court (SC) last Friday lowered a sentence in a criminal contempt of court case against Virendra Singh, a lawyer. Singh had been previously handed down a sentence of six months in prison and a 2,000 rupee fine by the Delhi High Court (DHC) due to unfavorable comments he made against its judges.
In its decision, the SC noted that Singh had submitted an apology for his behavior on January 18, 2024. While the DHC’s contempt order was justified based on Singh’s actions, his apology was a significant factor that led the SC to shorten the sentence to the term Singh had already served.
The case originated in July 2022 when Singh lodged a petition accusing DHC judges of arbitrary behaviour. He also charged the judges with deliberately distorting problems in their rulings to wrongfully favor the defendants. Despite the court’s instructions to amend the application and delete the objectionable parts, Singh refused. This led to a contempt of court notice issued by a single-judge bench and the transfer of the case to a two-judge division of DHC.
Singh appealed to the SC against the DHC’s January 9 verdict, convicting him of criminal contempt of court and sentencing him to prison and a fine. The SC, however, offered Singh the chance to issue an apology for his comments in its January 12 order. Singh was instructed to deliver apologies to the implicated judges by January 16, 2024, 2 PM, with the police ensuring his personal appearance before every judge requiring an apology.
The DHC heard Singh on the said date and acknowledged in its order that Singh had issued an affidavit of apology in compliance with the SC’s order from January 12. In his affidavit, Singh clarified that his intention had not been to tarnish a judge and expressed his remorse. He guaranteed caution in order to avoid making such errors in the future, underscoring that the mistake was unintentional and made in pursuit of justice. The DHC took into account the affidavit of apology.
The SC, nevertheless, announced in its January 16 order that it was displeased with Singh’s apology posted on January 15. The hearing was rescheduled for January 19, 2024, allowing Singh another opportunity to issue a proper apology that would address unfounded allegations. Singh issued another apology on January 18, which the SC reviewed last Saturday, resulting in his reduced sentence.
“Criminal contempt” of court, as laid out in Section 2(c) of the Contempt of Courts Act, 1971, comprises public acts that undermine a court’s authority, disrupt proceedings, or hinder the administration of justice through spoken or written words, signs or illustrations, or other forms of action.