Suo Motu Contempt vs Tushar Ranjan Mohanty

After the contempt proceedings were initiated and the respondent was entrusted to the PS, Tilak Marg, the President of the Bar Association Shri Ajesh Luthra and certain other advocates came and requested the Bench that the respondent i.e. Tushar Ranjan Mohanty be pardoned. Thereafter, he also appeared and expressed his regret and tendered apology for the unruly conduct and behaviour exhibited by him, right in the Tribunal.

Keeping in view the nature of indiscipline and contempt exhibited by the respondent, he should be imposed severe most punishment. However, the Members of the Bar, which included his son, impressed upon the Tribunal to excuse him. He indicated that he tenders unconditional apology by filing an affidavit duly referring to the acts resorted to by him. We considered the feasibility of accepting the apology. Thereafter, the respondent filed an affidavit, which reads as under :-

"AFFIDAVIT

I, Tushar Ranjan Mohanty, S/o Shri Rabi Narayan Mohanty, Aged 60 Years, resident of G-31, HUDCO Place Extension, New Delhi-110049, do hereby state and affirm as follows :

That today my personal cases [OA No.1616 of 2018 and OA No.1276 of 2019] were listed as item No.14 before Hon'ble Court No.1. However, when the matters were dismissed, I got agitated and without understanding the import of the judgment, I addressed the Hon'ble court in a high pitched voice and uttered some words, which was disrespectful, and which I now clearly understand was extremely undesirable and for which I tender unconditional apology. I said that "God is there and he will do justice to me".

That when the Hon'ble Bench issued contempt notice against me I got more agitated and stated that "at this age I am comfortable going to Tihar Jail", for which the Hon'ble Bench Ordered my arrest. I realise that I should not have acted in such a manner and what I did was wrong.

That I state that I got carried away in the heat of the moment and I have crossed the line, which I realise I should not have done and for which I tender my sincere and unconditional apology and I assure that this will not be repeated in future.

That I appeal for the magnanimity of the Hon'ble Bench and pray for the forgiveness and request that the matter may be closed."

Strictly speaking, the respondent does not deserve any sympathy for various acts and omissions on his part. It appears that having filed more than 500 cases by himself, that too in person, while in service and got favourable orders from this Tribunal and the Hon'ble Delhi High Court, he got encouraged and developed a sense of superiority, if not arrogance. In the recent past, he retired from service and has enrolled himself as an advocate. Since this is the first occasion that contempt proceedings were initiated against him, we let him off with a strict warning that occurrence of any incident of indiscipline or display of outrageous conduct in the Tribunal would be taken serious note of and proceedings will be initiated, in accordance with law.

With the above warning, we drop the contempt proceedings. This order shall form part of record. The custody given to PS, Tilak Marg is hereby, withdrawn.