Bharatiya Janata Party leader and senior advocate Gaurav Bhatia has initiated contempt proceedings against Cockroach Janta Party (CJP) co-convenor Saurav Das over social media remarks concerning the Acting Chief Justice of the Punjab and Haryana High Court, Justice Ashwani Kumar Mishra.
The proposed contempt action centres on allegations that Das made statements casting aspersions on the integrity and judicial conduct of Justice Mishra while commenting on the High Court’s adjudication of a dispute concerning payment of Dearness Allowance to employees of the Punjab State Power Corporation Limited (PSPCL).
In a post on X, Das had alleged that the Acting Chief Justice withdrew the matter from another Bench and subsequently heard it himself, purportedly in violation of the roster. He further questioned the circumstances in which the matter was dealt with and alleged that the resulting order placed a substantial financial liability on the Punjab Government.
Das had also drawn a connection between the judicial order and the subsequent recommendation of Justice Mishra for appointment as Chief Justice of the Punjab and Haryana High Court, questioning whether the sequence of events was coincidental. The allegations, however, were directed at the functioning of the judicial institution and the exercise of roster powers rather than merely criticising the outcome of the litigation.
Bhatia’s contempt plea takes exception to what is alleged to be an attempt to undermine public confidence in the judiciary by attributing improper motives to a sitting constitutional court judge. The proceedings are likely to bring into focus the well-established distinction between legitimate criticism of judicial decisions and imputations that may scandalise the court or impair the administration of justice.
The controversy stems from proceedings concerning the release of pending Dearness Allowance and Dearness Relief to Punjab government employees and pensioners. The litigation assumed significance after directions were issued concerning payment of the outstanding dues, with subsequent proceedings reportedly involving allegations of non-compliance by government authorities.
Das had alleged that the order of the High Court created a financial liability of approximately ₹20,000 crore for the Punjab Government and questioned the reduction of the time granted for compliance. He also raised questions concerning the exercise of the Chief Justice’s administrative power to allocate and withdraw matters from Benches.
The contempt proceedings therefore raise issues extending beyond the underlying service dispute. At their core is the question whether public commentary concerning the functioning of a constitutional court crosses the permissible threshold of fair criticism and enters the domain of contempt by imputing improper motives, questioning judicial integrity or seeking to erode institutional confidence.
The development comes against the backdrop of heightened judicial scrutiny of statements made in the public domain concerning judges and court proceedings. While the right to criticise judicial decisions remains an essential facet of constitutional discourse, such criticism is subject to legal limitations where it is alleged to obstruct the administration of justice or lower the authority of the court.
The matter also assumes significance because allegations concerning roster allocation and the exercise of the Chief Justice’s administrative powers touch upon the institutional architecture of the High Courts. Any challenge to such exercise, ordinarily, has to be founded upon the appropriate judicial or constitutional remedy rather than unsubstantiated imputations against the person holding judicial office.
The contempt proceedings will accordingly place under judicial examination the nature, context and effect of the statements attributed to Das, besides raising questions concerning the permissible boundaries of public criticism of sitting judges.
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