Advocate Gulshan Pahuja Sentenced to Six Months Imprisonment for Scandalizing the Court; Sentence Suspended for 60 Days to Allow Appeal
In a significant ruling, the Delhi High Court has imposed the maximum punishment on Advocate Gulshan Pahuja after finding him guilty of criminal contempt of court. The Division Bench, comprising Justices Navin Chawla and Ravinder Dudeja, delivered the judgment on May 16, 2026, citing Pahuja's actions as scandalizing the court and undermining its authority.
The court found that Pahuja showed no remorse or intention of course correction, continuing to make scandalous remarks even during the proceedings. In an oral submission, Pahuja expressed distrust in the judicial system, further compounding his contempt by equating judicial conduct to tyranny.
The court had previously found Pahuja guilty of criminal contempt on April 21, 2026, under Section 2(c) of the Contempt of Courts Act, 1971. Despite being given an opportunity to file submissions regarding his punishment, Pahuja attempted to contest the original judgment instead, claiming procedural irregularities and violations of constitutional rights.
Rejecting these claims, the court emphasized that the purpose of the current proceedings was to determine punishment, not to revisit the conviction. The court noted that Pahuja's continued defiance and lack of repentance warranted the imposition of the maximum statutory punishment to prevent future occurrences and uphold judicial authority.
Pahuja was sentenced to six months of simple imprisonment and fined Rs. 2000 for each contempt case, with sentences to run concurrently. Failure to pay the fine would result in an additional one-month imprisonment per case. However, exercising its power under Section 19(3) of the Contempt of Courts Act, the court suspended the sentence for 60 days to allow Pahuja to appeal to the Supreme Court.
was insufficient, given Pahuja's persistent contemptuous conduct.
A translated copy of the judgment was provided to Pahuja, with instructions for him to surrender if no relief is granted by the Supreme Court within the suspension period.
Bottom Line:
Criminal Contempt - Scandalizing the court and lowering its authority - Lack of remorse or repentance by the contemnor - Maximum punishment imposed to prevent recurrence of such acts.
Statutory provision(s): Contempt of Courts Act, 1971 Sections 12, 19(3)
Court on its Own Motion v. Shiv Narayan Sharma Adv., (Delhi)(DB) : Law Finder Doc id # 2901904
