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Bombay High Court Issues Contempt Notice to Maharashtra Law Secretary Dilip Ghumare

Bombay High Court Issues Contempt Notice to Maharashtra Law Secretary Dilip Ghumare

The Bombay High Court has issued a contempt notice to Dilip S. Ghumare, the Secretary of the Maharashtra Law and Judiciary Department, citing his aggressive behaviour, use of a high-pitched tone, and allegations levelled against the High Court administration during court proceedings.

A Division Bench comprising Justice Ajay Gadkari and Justice Kamal Khata passed the order on September 2 while hearing an interim application in a Public Interest Litigation concerning judicial appointments across Maharashtra.

According to the bench, the incident took place before a packed courtroom when the judges asked questions regarding statements made in an affidavit about the creation of 179 new Fast Track Courts. Instead of responding to the query, Ghumare turned aggressive and blamed the High Court administration for failing to fill the 179 posts.

Addressing his conduct in the order, the court observed that such actions by a judicial officer in an open courtroom were witnessed by all present, wholly unpardonable, and could not be countenanced. The bench noted that Ghumare could not forget his status as a judicial officer or regard the court as insignificant, irrelevant, or inconsequential. The judges emphasized that while the post of Principal Secretary or Secretary at the Department of Law and Judiciary serves as an important interface between the judiciary and the legislature, it does not confer any privilege to treat the court with disrespect regardless of the dispute.

The court further observed that a judicial officer cannot behave in such a manner and subsequently seek pardon through an apology. The bench stated that permitting this would send a deeply troubling message to the public that one could commit an inexcusable act with impunity and then theatrically offer an apology through a Senior Counsel or the Advocate General to absolve themselves. The bench cited the Supreme Court decision in Re: Vinay Chandra Mishra (1995) 2 SCC 584 in support of its position.

The contempt notice issued to Ghumare has been made returnable on September 11, when the next hearing will take place.

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