Delhi HC refuses to reduce sentence of advocate for abusing woman judge | Latest News Delhi

The Delhi high court refused to reduce the sentence of an advocate convicted for using abusive language against a woman judicial officer, remarking that the present case was one where “injustice” was done to justice itself and an attack against institutional integrity.

The ruling was delivered by a bench of justice Swarana Kanta Sharma on Monday, while hearing the lawyer’s plea against city court orders convicting him for Sections 186 (obstructing a public servant in the discharge of their public functions), 189 (threatening a public servant), 228 (intentionally insulting or interrupting a public servant while they are sitting in a judicial proceeding), 509 (insulting the modesty of a woman), 353 (assault or criminal force to deter a public servant from duty) of the Indian Penal Code (IPC).

The high court judge also expressed concern about the vulnerability of women in power and the gendered abuse faced by them, underlining that the case was not only a reflection of personal wrong but also systemic vulnerability faced by women at the highest echelons of legal authority.

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“When a male advocate uses his position to violate the dignity of a female judicial officer, the issue is no longer of an individual judicial officer being subjected to misconduct – it becomes a reflection of the persistent challenge faced by women even in institutions which have been entrusted with the duty of upholding justice for all. When a woman who occupies a seat of authority, especially in the judiciary, is subjected to acts that compromise her dignity, it threatens to undo years of progress,” she said.

A city court had awarded 18 months sentence for insulting modesty and three months each under sections 189 and 353. The trial court directed that these sentences run consecutively, resulting in a total sentence of two years of simple imprisonment.

Taking a serious view of the entire incident, the justice Sharma said, the advocate’s actions of outraging the modesty of a female judicial officer, while she was presiding over court proceedings, attacked the “very foundation of judicial decorum and the institutional integrity.

In October 2015, the lawyer stormed a courtroom in Karkardooma Courts and hurled abuses at the lady judicial officer to protest his client’s challan matter being adjourned for the next day. Later, the presiding officer submitted a written complaint to the police in which she alleged that the advocate “had insulted her and had outraged her modesty being a female judicial officer and had also insulted the court’s dignity.” This led to the filing of FIR against the advocate under the relevant sections including section 354 (outraging woman’s modesty) of the IPC.