Delhi High Court tells lawyer to give free legal services as condition for closing contempt case

The Delhi High Court recently directed an advocate named Shivanshu Gunwal to provide pro bono legal services in at least two cases in the court of the Additional Sessions Judge (POCSO), Saket as a condition to accept his apology in a contempt of court case registered against him..The lawyer had been accused of behaving aggressively while making arguments in a trial court on behalf of a person accused of committing an offence under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). After contempt proceedings were initiated against him, the lawyer apologised to the High Court for his conduct. A Division Bench comprising Justices Prathiba M Singh and Rajneesh Kumar Gupta accepted the apology but added that the lawyer must provide free legal services in at least two POCSO cases, as may be decided by the trial court's presiding judge. “The Respondent shall, however, render pro bono services to at least two accused/victims in the Court of Ld. ASJ (SC POCSO) South East District, Saket Courts, New Delhi, as may be decided by the Ld. PO, Ms. Ankita Lal. For this purpose, the present order be communicated to the concerned Presiding Officer, who shall appoint the Respondent for rendering pro bono service in the Court in at least two matters," the High Court's March 12 ruling said. .Unnecessary aggression and raising of voice in court which demonstrates disrespect cannot be tolerated.Delhi High Court.The contempt case stemmed from an incident that took place on November 23, 2024, during a trial at the Saket Court. The advocate representing the accused in a POCSO case was accused of aggressive behaviour, including raising his voice, pointing at the judge, and questioning the court’s judicial wisdom. Despite repeated warnings, he continued to argue, disrupting the proceedings and delaying the trial..The trial court's order detailed that the advocate had used phrases such as, "You tell me the law" and "Why don't you convict the accused now itself." After withdrawing his vakalatnama (authorization to represent the accused), he remained in the courtroom with associates, creating an intimidating atmosphere, and later threatened to file a complaint against the judge.The High Court took cognisance of this and initiated a contempt case against the advocate. .During the hearing of the contempt case in the High Court, advocate Gunwal appeared in person and tendered an unconditional apology to the High Court and the trial court judge. He highlighted this was an isolated incident in a career spanning two decades and that he had never before been involved in such behaviour..The High Court acknowledged his long-standing practice and apology but stressed the need for lawyers to uphold courtroom decorum. "There can be no doubt unnecessary aggression and raising of voice in court, which demonstrates disrespect, cannot be tolerated. Lawyers must uphold the dignity of the judicial process," the High Court said. .The Court proceeded to close the contempt case after accepting his apology, provided he give free legal services in at least two cases before the POCSO trial court, as would be assigned by the trial court's presiding judge. .[Read Judgment]