The Bombay High Court has issued a contempt notice to Maharashtra’s Law and Judiciary Department Secretary and Senior Legal Advisor after an “outrageous” and “unpardonable” outburst in a packed courtroom, after the officer allegedly blamed the court administration for vacant judicial posts.
A division bench of Justices Ajey S Gadkari and Kamal R Khata said the officer’s “unwarranted outburst” and “aggressive demeanour”, displayed “in full public view”, not only “scandalised the court” but also “undermined and attempted to lower its authority”.
The bench said the conduct of Dilip S Ghumare, a former Principal Secretary of the department, amounted to “contempt ex facie” under the Contempt of Courts Act, 1971.
The court was hearing an interim application by activist Vihar Durve concerning the creation and filling up of posts for fast-track courts dealing with offences against women and minor girls.
The bench had found Ghumare’s earlier affidavits “unsatisfactory”. During the hearing, it questioned Additional Government Pleader Priyabhushan P Kakade on an August 27 affidavit concerning 179 new posts for Fast Track Courts.
When Kakade failed to give a clear answer, Justice Khata asked Dilip Ghumare to clarify.
Instead of responding, Ghumare “launched into an aggressive, high-pitched tone (bordering on shouting)” and blamed the court administration, the bench said, noting that this happened before a packed courtroom.
Describing the conduct as “manifestly unbecoming of any judicial officer”, the bench said the officer’s remarks amounted to a “deliberate and unwarranted assault upon the dignity and authority” of the court.
“Regardless of the substance of the dispute, it does not confer on him the privilege to treat this Court with utter disrespect,” it said.
The bench then sought the assistance of Advocate General Milind Sathe. Sathe said he would not defend Ghumare’s conduct but urged the court to accept an apology as the officer was present.
A judicial officer, it said, “cannot certainly forget that he is a Judicial Officer” and cannot treat the court as “utterly insignificant, irrelevant or inconsequential”.
The court also rejected the idea that an apology should automatically wipe away such conduct.
“To permit this would convey to the public at large a deeply troubling message: that one can commit an otherwise inexcusable act with impunity in open Court and then sheepishly, in a theatrical manner, not meaning a word of it, offer an apology,” it said. The next hearing has been scheduled for September 11.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
