Court on Its Own Motion v. Brijesh Shukla

1. The present Suo Moto criminal contempt has been listed before this Court, in terms of the directions issued by the Vigilance Committee for members of DHJS & DJS on 29.11.2019. The Committee took cognizance of the matter while considering an email complaint dated 18.09.2019, sent by respondent against the Judicial Officer alleging misuse of power, wherein while leveling allegations he had used abusive language against the Judicial Officer. In view of the observation, the Committee deemed it appropriate to take action against the respondent for contempt for the use of such language. Thus, the present matter was listed before this Court.

2. Thereafter, vide order dated 11.12.2019, a show cause notice was issued by this Court to the respondent and vide order dated 13.04.2021, he was granted time to file reply to the same.

3. Pursuant to the order dated 04.09.2023, the respondent/contemnor is present in person and he has filed replies dated 17.10.2022 and 04.09.2023 to the show cause notice.

4. On perusal of the record, it is observed that the respondent has raised several issues of being cheated by the banks through the officials. It is also alleged that the Judicial Officer is adjudicating fake cases against him by mentioning his name and intending to grab his foreign payment. However, in both the replies, he has specifically stated that Delhi Judiciary is corrupt and is involved in corrupt practices like money laundering.

5. The respondent who is present in Court submits that he was working as contractor in Fiji for the Fiji Government and that his payment was due for which he approached the Angelique International Ltd., which assured him that they would get the amount from the Fiji Government for him but instead of depositing the amount in the account of the respondent, they misappropriated the same. Thereafter, the said company filed a complaint against the respondent and a suit being CS No. 1235/2017 seeking compensation for defamation, declaration and permanent injunction. The said suit was partially decreed ex-parte whereby it was held inter alia, that the company is not liable to pay any amount to the respondent herein.

6. On a query put to the respondent, it is brought to our attention that the respondent has graduated in Engineering (Mechanical) and served various companies. However, later on, he started his own business and went to Fiji to work there but could not get his due payment. It is also stated that from 2012 to 2022, he was suffering from depression due to the loss suffered by him.

7. In view of the submissions made by the respondent in person and the counsel for the respondent, it seems the allegations made against the judicial officer and thereafter the entire judiciary is out of sheer frustration and depression. He did not engage any counsel and used to appear in the Court in person and these replies are also filed by him in person.

8. Therefore, vide order dated 04.09.2023, Mr. Dhruv Madan, Advocate was appointed as Amicus Curiae to defend the case of the respondent. The Amicus has submitted that he has interacted with the respondent and explained him about the legal position. The learned counsel on instructions submits that the respondent is willing to seek unconditional apology before the Court. The respondent submits that as he had not engaged any counsel so he was not aware that by making such allegations against the judiciary and judicial system will initiate contempt proceedings. He submits that he made complaints and allegation against the judiciary like he made against any other authority and this is just out of sheer frustration. He tenders an unconditional apology for making such comment and remorse to this effect and undertakes before this Court that he shall be careful in future.

9. In view of the above and unconditional apology tendered by respondent, we hereby discharge the respondent from the contempt proceedings.

10. Accordingly, the present contempt petition is disposed of.

SURESH KUMAR KAIT, J. SHALINDER KAUR, J. DECEMBER 05, 2023/ SU