The Karnataka High Court recently delivered a significant verdict, holding an advocate accountable for contempt of court due to his disruptive behavior and intoxication during court proceedings in 2022. The court sentenced him to a one-day simple imprisonment, extending till the court’s adjournment, in the case titled High Court of Karnataka v Pankaj Kaushik.
On September 11, a division bench comprising Justices Anu Sivaraman and Venkatesh Naik T imposed a fine of ₹2,000 on advocate Pankaj Kaushik for his misconduct, emphasizing his lack of genuine remorse. The court noted Kaushik’s attempts to justify his actions while making baseless allegations against the judiciary.
“His conduct can only be termed as deliberate and adamant, revealing a complete disregard for social, moral, and judicial conduct codes. We believe that if such behavior is not penalized, it could embolden others to commit similar offenses, threatening the judicial system’s integrity,” the bench asserted.
Suo Motu Proceedings Initiation
The High Court initiated suo motu proceedings against Kaushik following reports from the Principal District and Sessions Judge in Karwar. The advocate had twice disrupted sessions in April 2022 before an Additional Civil Judge-Judicial Magistrate First Class (JMFC) at the Karwar District and Sessions Court.
Kaushik, representing himself in a domestic violence case filed by his wife, interrupted court proceedings. On one occasion, he appeared before a magistrate, shouting for not addressing his case, which wasn’t scheduled that day. He accused the judge of corruption and made defamatory remarks against High Court judges, as documented in an April 8, 2022, letter by the District and Sessions Judge in Karwar to the Karnataka High Court’s Registrar General.
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Despite submitting an apology on April 11, 2022, Kaushik repeated his disruptive actions on April 22, interrupting a senior counsel’s argument with disrespectful interjections. He was found intoxicated at the Civil Hospital, Karwar, leading to a Certificate of Drunkenness and further communications to the High Court, prompting contempt proceedings.
Court’s Ruling and Advocate’s Defense
In response, Kaushik denied intoxication during the initial incident, arguing the certificate was obtained later. He claimed harassment through the contempt proceedings and cited health issues like epilepsy.
However, after reviewing the evidence, the court found the charges substantiated, noting Kaushik’s failure to justify his behavior. “His demeanor and tone were blatantly contemptuous of the court’s orders and authority,” the court noted. “He committed aggravated contempt by making scurrilous, scandalous, and baseless statements against judicial officers and judges.”
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Representing the High Court of Karnataka was Government Pleader Thejesh P, while Kaushik defended himself.
