Case Note & Summary
The Supreme Court dealt with a criminal appeal under Section 19(1) of the Contempt of Courts Act, 1971, filed by Seema Sapra against the judgment of the Delhi High Court dated 17th December 2015, which held her guilty of contempt of court and sentenced her to one month imprisonment, a fine of Rs. 2,000, and restrained her from appearing as an advocate or in person before any bench of the High Court or subordinate courts for two years. The appellant had also filed applications seeking recusal of Justice A.M. Khanwilkar from hearing the matter, alleging bias due to his acquaintance with advocates against whom she had made allegations in related writ petitions. The Court noted that around 28 judges of the Delhi High Court had recused themselves earlier, and at least three Supreme Court judges had also recused. The appellant had previously objected to the appointment of amicus curiae. The Court, after hearing the appellant for over two hours, rejected the recusal request, holding that recusal at the asking of a litigant cannot be countenanced unless justified, and that unfounded allegations of bias aimed at forum hunting or browbeating the court are not acceptable. The Court condoned the delay of 32 days in filing the appeal, admitted the appeal, and stayed the operation of the impugned judgment pending disposal. Other applications, including those for recall of appointment of amicus curiae, were disposed of accordingly.
Headnote
A) Contempt of Courts Act, 1971 - Section 19(1) - Appeal against conviction - Delay condonation - The appellant filed an appeal against the High Court's judgment convicting her for contempt and imposing punishment. The Supreme Court condoned the delay of 32 days and admitted the appeal. (Paras 10-13) B) Recusal of Judge - Bias - Forum hunting - The appellant sought recusal of one of the judges based on alleged acquaintance with advocates against whom she had made allegations. The Court held that recusal cannot be demanded merely for asking; it must be justified. Unfounded allegations of bias with a view to forum hunting or browbeating the Court cannot be countenanced. (Paras 5-9) C) Contempt of Courts Act, 1971 - Stay of sentence - The Supreme Court stayed the operation of the impugned judgment and order dated 17th December, 2015 until disposal of the appeal, noting that the two-year restraint period was already over. (Para 11)
Issue of Consideration
Whether the appellant's request for recusal of a judge is justified and whether the criminal appeal under Section 19(1) of the Contempt of Courts Act, 1971 should be admitted with stay of the impugned judgment.
Final Decision
The Supreme Court rejected the recusal request, condoned the delay of 32 days in filing the appeal, admitted the criminal appeal, and stayed the operation of the impugned judgment and order dated 17th December 2015 until disposal of the appeal. The applications for recall of appointment of amicus curiae were disposed of as already granted or not requiring further orders.
Law Points
- Recusal of judge at litigant's request not automatic
- Contempt of Courts Act 1971 Section 19(1) appeal
- Delay condonation
- Stay of sentence pending appeal
