The lawyer had reportedly lost his temper after the magistrate adjourned his traffic challan case, and then he created a scene in the courtroom by using abusive and filthy language against her.
New Delhi, June 10 — The Supreme Court on Tuesday dismissed a lawyer’s appeal against his 18-month jail sentence for verbally abusing and insulting a woman judge inside a courtroom in Delhi nearly a decade ago. The incident had taken place on October 30, 2015 during a court hearing.
A bench of Justices Prashant Kumar Mishra and Manmohan turned down the plea of advocate Sanjay Rathore, who was found guilty of outraging the modesty of a woman judicial officer. He had challenged the May 26 decision of the Delhi High Court, which refused to reduce his sentence.
During the hearing, the Supreme Court made it clear that the lawyer’s actions were not acceptable, especially because they targeted a judge in her courtroom while she was performing her official duties.
Referring to the abusive language used by Rathore, the bench asked:
“How can a woman judicial officer act and discharge the judicial functions?”
The lawyer had reportedly lost his temper after the magistrate adjourned his traffic challan case, and then he created a scene in the courtroom by using abusive and filthy language against her.
Rathore pleaded before the Supreme Court for leniency, claiming that he had already “suffered a lot due to his acts”, but the bench strongly refused to entertain such arguments.
“No. Nothing can be done… We have to see the nature of the case. Here a woman judicial officer is abused in a courtroom,” the court said.
The Delhi High Court, in its earlier judgment, had taken a very serious view of the incident and made strong remarks about the impact of gender-based abuse, especially when it targets a judge inside her courtroom.
“Any act which threatened or intimidated a judge through gender-specific abuse was an assault on justice itself.”
The court had clearly said that the dignity of the judiciary cannot be allowed to be attacked in this way.
“When the dignity of any judicial officer is torn by way of use of filthy words proved beyond reasonable doubt, the law must act as the thread that would mend and restore it.”
The High Court had upheld the trial court’s punishment of 18 months’ imprisonment and directed the lawyer to surrender within 15 days of the May 26 order. It said this was not just a case of bad behaviour by one person but something that hurt the entire justice system.
“It was not merely individual misbehaviour, but a case in which injustice was done to justice itself.”
The bench noted that the woman judge, who was simply doing her duty, became a target of personal attack.
“A judge who symbolises the impartial voice of the law became the target of personal attack while discharging her official duties,” the court said.
It also expressed concern about gender-based violence and harassment, even within the judiciary.
“It is a matter of deep concern that, at times, even the seat of justice cannot guarantee immunity from gendered abuse. When a female judge becomes the target of personal indignity and humiliation by an officer of the court — an advocate, as in the present case — it reflects not only a personal wrong but also the systemic vulnerability women continue to face, even at the highest echelons of legal authority,” the high court said.
Although the Supreme Court upheld the 18-month jail term, it agreed with the High Court’s earlier decision to modify the trial court’s order so that all sentences would run concurrently (together), instead of consecutively (one after another), which would have made the total term two years.
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The woman judge had filed a formal police complaint after the incident, stating that advocate Sanjay Rathore:
“Insulted her and outraged her modesty, being a female judicial officer and also insulted the court’s dignity.”
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