Delhi High Court upholds conviction of lawyer who threatened woman judge, used obscene language

The Delhi High Court recently observed that outraging the modesty of a woman judicial officer while she is presiding over court proceedings attacks the foundation of judicial decorum and institutional integrity [Sanjay Rathore v State (Govt of NCT, Delhi) and Anr]..Justice Swarana Kanta Sharma said such an act is not merely a case of individual misbehaviour but amounts to causing injustice to justice itself. Justice may be blind, but is not silent, the Court underscored while upholding the conviction of a lawyer who had threatened a judge in open court and made vulgar remarks. “When one who sits on the chair of a judicial officer to deliver justice is wronged by use of filthy language, the law must speak louder – on her behalf, and on its own. The law must speak most clearly in cases where the victim is the voice of justice herself, being looked upon by all those appearing in her Court seeking justice,” the Bench said. .The observations were made by Justice Sharma while rejecting an advocate’s plea for a reduction in his sentence for outraging the modesty of a judge while she was holding court and obstructing her work. The convict, advocate Sanjay Rathore, had appeared before a woman judge in the Karkardooma Court on the evening of October 30, 2015, in an inebriated state and expressed his displeasure over the fact that his challan case was adjourned to the next day in his absence. As the judge reiterated that the case has been adjourned, Rathore charged towards the dais, threatened her and started banging the table. He was then ordered to leave the courtroom but he refused. When the Court asked its staff to restrain him and subject him to breath analysis, he ran out while making “filthy and vulgar remarks” against the judge. The leaders of the Karkardooma bar association visited the judicial officer and asked her to settle the matter informally. They claimed that they were giving this advise as her elder brothers. However, the judge refused. Rathore was convicted under various provisions of the Indian Penal Code (IPC) and the Court said that his sentence would run consecutively, not concurrently. In total, he was ordered to spend two years in prison. ."Tu hai kya cheez, bahar mil": Convict, lawyer threaten woman judge in Delhi court after conviction.The High Court upheld the order but said the sentence will run concurrently. “Thus, this Court finds no ground to take any lenient view, and reduce the sentence awarded to the petitioner to the period already undergone by him… The petitioner is directed to surrender within 15 days from date, and serve his unexpired portion of sentence,” the Court ordered. .In a detailed judgement, Justice Sharma stressed that there is a necessity of institutional protection for women judicial officers and “they must never be left feeling helpless or as though they are to be treated at someone else's pleasure”.“It is a matter of deep concern that, at times, even the seat of justice cannot guarantee immunity from gendered abuse. When a female judge becomes the target of personal indignity and humiliation by an officer of the court – an advocate : as in the present case – it reflects not only a personal wrong but also the systemic vulnerability women continue to face, even at the highest echelons of legal authority,” the Court added. .Advocates Sanju Gupta, Varsha Ahluwalia, Lalit Kumar Sharma, Deepanshu Lakra, Lakshay Tyagi and Akshay Tyagi appeared for the convict Sanjay Rathore. Additional Public Prosecutor (APP) Rajkumar represented the State. .[Read Judgment]