The object of discipline enforced in case of ‘Contempt of Court’ is to prevent undue interference with administration of justice. To establish ‘Contempt of Court’, it is sufficient to prove, conduct was ‘wilful’ and contemnor knew of all facts. To hold a person guilty of civil contempt, ‘wilful disobedience’ is an indispensable requirement. The expression or word ‘wilful’ means an act or omission which is done voluntarily or intentionally and with specific intent to do something which law forbids or with specific intent to fail to do something which law requires to be done. It signifies a deliberate action done with evil intent or with a bad motive or purpose.

A lenient attitude shown by Courts over a period of time has actually emboldened unscrupulous litigants to disobey. They have realised a very potent weapon in form of an apology. There ought not to be a tendency by Courts to show compassion when disobedience is with total consciousness. An apology ceases to be so if it is: “cringing of a coward shivering” [Justice Vivian Bose, Sub-Judge, First Class, Hosangabad v. Jawahar Lal Ramchand, AIR 1940 Nagpur 407]. Court should not accept an apology when it appears, saying sorry is nothing but a legal trick to wriggle out of responsibility. A true apology must be a deep ethical act.

– Hon’ble Justice J.B. Pardiwala, Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor (Deceased), [Civil Appeal No. 4955 of 2022].

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“I wrote to then Hon’ble Chief Justice of India and cursed, Mr. Justice shall die. He died within 7 days…”

Gulshan Bajwa was day-after-day making reckless allegations against Judges. High Court was correct in not accepting an apology tendered, since it lacked in sincerity apart from being a mere ‘lip service’. An apology lacking in sincerity, and not evidencing contriteness, cannot be accepted.

– Gulshan Bajwa v. Registrar, High Court of Delhi, [Criminal Appeal No. 577 of 2007] decided on 30.01.2024.

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In order to punish it has to be established, disobedience is ‘wilful’. It means knowingly-intentional, conscious, calculated and deliberate with full knowledge of consequences flowing therefrom. The ‘deliberate’ conduct of a person means, he knows what he is doing and intends to do same.

– Hon’ble Justice Aravind Kumar, Chaduranga Kanthraj v. P. Ravi Kumar, [Contempt Petition (Civil) No. 688 of 2021] decided on 10.12.2024.