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Advocate apologizes for calling Courts ‘Communal’, HC drops Contempt proceedings against him

 Science and the law | Royal Society

A lawyer practising in the High Court of Gujarat, Girish Das, tendered an unconditional apology to the Court on Friday for terming the Courts communal & biased towards a certain community. Das had been dealing with a matter pertaining to a 2002 riots case when he had said that.

By accepting the lawyer’s apology & remorse expressed over his comments made in the past, the HC dropped the contempt of Court proceedings against him.

Das had invited the HC’s wrath after he made “derogatory remarks” about judges & courts in 2006. He had said before the Judge hearing the case at the time, Justice K S Jhaveri, that Courts in Gujarat are biased towards a certain community. Two years later, the lawyer stood by his remarks on the Gujarat judiciary & asserted in court that what he had said was the “truth”. This resulted in the initiation of contempt of court proceedings against him in 2008. Das had filed a petition in 2004 in connection with a post-Godhra riot incident. He had sought the transfer of the case from a Nadiad court alleging that the court was biased. The plea came up for hearing before Justice Jhaveri in 2006. The Judge was not inclined to allow the prayer. So the Advocate said: “Since some of the courts are biased towards passing order in favour/against a particular religion/community, the Supreme Court has ordered to conduct the trial in such cases out of Gujarat.” Das also said that the court was hearing the case with a “biased” mind & argued that if the court was predetermined about the case, it should order to have it placed before another court.

This annoyed Justice Jhaveri, who requested Das not to make such remarks, but he refused to stop. The judge then ordered the initiation of contempt proceedings against Das. “Apart from abusing, Das has insulted this court in conduct of cases,” the Judge noted. “His utterances imply that this court is not conducting the matters fairly & impartially... He has no regret over his utterances.”


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