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Delhi High Court Criticizes Trend of Leaking Legal Pleadings to Media Before Court Hearings

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The Delhi High Court condemned the premature release of legal documents to the media, highlighting its potential to harm judicial integrity. During contempt proceedings against Roop Darshan Pandey for leaking a defamatory notice about Hero MotoCorp, the Court mandated disciplinary actions against involved advocates and issued a two-week imprisonment sentence to Pandey for his deliberate misconduct.

Delhi High Court Criticizes Trend of Leaking Legal Pleadings to Media Before Court Hearings

New Delhi: The Delhi High Court recently expressed strong disapproval of the increasing practice of releasing petitions, documents, and affidavits to the media before they are considered by courts. The Bench of Justice Prathiba M Singh and Justice Amit Sharma emphasized that such actions can prejudice the parties involved and potentially compromise the independence of the judiciary.

“The habit of releasing pleadings and documents to the media even before Courts have had the opportunity to consider the same is also not acceptable as it tends to prejudice the parties and influence independent decision-making by Courts,”

the Court remarked.

The matter arose during a hearing on criminal contempt proceedings concerning an undated, unsigned legal notice issued by Brain Logistics Pvt. Ltd. to Hero MotoCorp Ltd., which had been shared on social media platform X (formerly Twitter) by a journalist from The New Indian. The notice contained false, scandalous, and contemptuous remarks regarding the functioning of the High Court registry, allegations of forum shopping, and insinuations of foul play in listing cases before the Court.

The Court observed that Roop Darshan Pandey, the director of Brain Logistics, deliberately leaked the legal notice to damage the reputation of Hero MotoCorp. Pandey claimed that two advocates had assisted him in preparing the notice. These advocates later tendered an unconditional apology, acknowledging their role in drafting the baseless allegations.

The Court emphasized the responsibilities of advocates, journalists, media houses, and litigants in upholding the integrity of the judicial system.

“Every lawyer and litigant who is before the Court has a responsibility to ensure that any conduct which lowers the faith in the judicial system ought not to be resorted to,”

the Bench stated.

The Court noted that the involved advocates had failed to adhere to the Bar Council of India (BCI) Rules, which require lawyers to prevent clients from engaging in illegal actions that undermine the judiciary or opposing parties. The advocates also violated Delhi High Court practice directions by not including their names and bar council registration details in the legal notice.

Actions Taken by the Court

  1. Disciplinary Action Against Advocates:
    The Court directed the Bar Council of Delhi to initiate disciplinary proceedings against the two advocates for their misconduct and failure to fulfill their duties.
  2. Warning to Journalist:
    While the journalist was discharged, the Court instructed him to exercise caution in future reporting and approach such matters with greater responsibility. “Journalists have a duty to verify allegations before bringing them into the public domain,” the Court remarked.
  3. Punishment for Pandey:
    The Court noted that Pandey was a habitual offender, making false allegations against the judiciary, judges, and lawyers. As his apology lacked sincerity, the Court sentenced him to two weeks of simple imprisonment and imposed a fine of Rs 2,000. In case of non-payment, he would serve an additional seven days of imprisonment. “The offending conduct is deliberate and with ulterior motives. The apology is thus not bonafide,” the Court stated.

Legal Representation

Senior Advocates Rajiv Nayar, Dayan Krishnan, and Maninder Singh appeared for Hero MotoCorp, along with advocates Rishi Agrawala, Rahul Malhotra, Devika Mohan, and others.
Roop Darshan Pandey represented himself, while advocates Anjali Sisodia, Deepak Dahiya, and Advait Ghosh appeared for other contemnors.

Case Title – Court On Its Own Motion Vs. Roop Darshan Pandey And Ors

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