Delhi High Court discharges Rajiv Khosla in criminal contempt case filed by former judge Sujata Kohli

The Delhi High Court has discharged former Delhi High Court Bar Association (DHCBA) President Rajiv Khosla from the contempt case initiated by former district judge Sujata Kohli [Ms Sujata Kohli v Rajiv Khosla]..Khosla was convicted for assaulting Kohli in 1994. She was then a lawyer practising at the Tis Hazari Court.Kohli had filed the contempt petition alleging that in November 2021, Khosla and his supporters “held the court to ransom” when the Chief Metropolitan Magistrate (CMM) was to pronounce orders on sentence against Khosla.During that hearing, lawyers including Khosla allegedly shouted slogans, stood on chairs, and called the magistrate 'biased' and said that 95% of judges are corrupt..A Division Bench of Justices Suresh Kumar Kait and Manoj Jain discharged Khosla, noting that Kohli was not able to produce any material which may compel the Court to form an opinion that the Khosla has committed any criminal contempt.“As already noticed above, the present contempt proceedings have not been initiated on the basis of any reference. Undoubtedly, the complainant, having obtained the consent in writing in terms of Section 15 of Contempt of Courts Act, is not debarred from filing the petition of the present kind but fact remains that there is nothing before us which may indicate that contemnor had scandalized or lowered the authority of any Court or interfered or tried to interfere with the due course of any judicial proceeding,” the Court observed..However, the Bench said that CCTV footage of the trial court does indicate that the courtroom was fully packed and, therefore, in view of the multiple background voices, even the voice of Khosla was not properly audible.“We are also cognizant of the fact that the Presiding Officer was to hear arguments on sentence and the convict had remained Office Bearer of Delhi Bar Association as well as of Delhi High Court Bar Association. Quite possibly, because of the aforesaid fact, many members of the Bar had collected inside the courtroom.”The Bench noted that no presiding officer of a court should feel helpless in any such situation. Keeping in mind the sensitivity of any given case, the court can direct that such matter would be taken up through video conferencing. This, it said, would ensure that no untoward incident happens at the time of physical hearing.“Moreover, even if the Court chooses to resort to physical hearing, Section 327 Cr.P.C can be pressed into service which provides any such court with ample powers, directing the public generally, or any particular person, to not have access to the Court room. Unfortunately, in the present matter, no direction in this regard was passed by the concerned Presiding Judge.”.The Court ordered the High Court’s Registrar General to circulate a copy of this order to all the Principal District and Sessions Judges of the district courts of Delhi..Sujata Kohli appeared in person.Rajiv Khosla appeared in person along with Advocate Sunil Singh.The State was represented through Standing Counsel (Criminal) Sanjay Lao as well as Advocates Priyam Agarwal and Abhinav Kumar Arya. .[Read Judgment]