Judgement of the Day - Re: Vijay Kurle & Ors.

[Suo Moto Contempt Petition (Criminal) No. 2 of 2019]


Rashid Khan Pathan, Sh. Vijay Kurle and Sh. Nilesh Ojha [Apellents] made scurrilous allegations against the judges of the court and they were held guilty for the contempt of court on 27.04.2020. On 01.05.2020, Appellants filed an application to recall the aforesaid judgement, but due to some technical issues sentence could not be heard. After hearing the contemnors regarding the sentence on 04.05.2020, the Court found that there was no remorse of apology shown by the accused, so they were sentenced to undergo simple imprisonment for a period of three months with a fine of Rs.2, 000/- The accused were directed to surrender before the Secretary-General of the Court to undergo the imprisonment. After the case of Prashant Bhushan’s, it was argued that judgment dated 27.04.2020 should be impliedly overruled by a judgment of Prashant Bhushan and they again applied for recalling the order 04.05.2020.


It was held that Country is governed by 'rule of law' and permitting the parties to reopen the concluded judgment again and again by filing interlocutory applications is clearly an abuse of the process of law and would have an adverse impact on the administration of justice. It was enunciated that finality of the judgment is absolutely imperative. The only option available for the appellant is to file a Review Petition. Therefore, the Court decided to dismiss the Appeal with exemplary costs of Rs.25,000/- (Rupees Twenty-Five Thousand Only).

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