On February 28, the Delhi High Court acquitted Rajiv Khosla in a contempt case brought forth by former district judge Sujata Kohli. Khosla, previously convicted for assaulting Kohli in 1994, faced allegations of disrupting court proceedings in 2021. However, the court discharged Khosla due to a lack of substantial evidence supporting the accusations of criminal contempt.
NEW DELHI: On Wednesday (February 28), The Delhi High Court has ruled in favor of former Delhi High Court Bar Association (DHCBA) President Rajiv Khosla, discharging him from the contempt case filed by former District Judge Sujata Kohli
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However, a Division Bench of Justice Suresh Kumar Kait and Justice Manoj Jain discharged Khosla, citing a lack of substantial evidence to support the allegations of criminal contempt. While acknowledging the courtroom’s crowded nature during the proceedings, the bench emphasized the importance of ensuring the safety and decorum of courtrooms, suggesting the use of video conferencing or invoking Section 327 Cr.P.C. to maintain order during physical hearings.
Sujata Kohli and Rajiv Khosla appeared before the court, with the state represented by Senior Counsel (Criminal) Sanjay Lao and Advocates Priyam Agarwal and Abhinav Kumar Arya.
The Court instructed the High Court’s Registrar General to distribute the order to all Principal District and Sessions Judges of the District Courts of Delhi, emphasized the need for proper courtroom conduct and security measures.
“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.
Background
Rajiv Khosla, convicted of assaulting Sujata Kohli in 1994 when she was a lawyer practicing at the Tis Hazari Court, faced allegations of disrupting court proceedings in November 2021. During a session where the Chief Metropolitan Magistrate (CMM) was to announce orders on his sentence, Khosla and his supporters purportedly disrupted the court, hurling slogans and accusations at the magistrate.
“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.”
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“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.”
Case title: Ms. Sujata Kohli vs. Rajiv Khosla.
