The Supreme Court stepped in to protect a senior woman judicial officer of Delhi this week by issuing a stay on a High Court order that directed a criminal contempt and departmental enquiry against her.
A bench of Chief Justice Dipak Misra and Justice D Y Chandrachud has directed Additional District Judge Kamini Lau to offer “an unconditional apology” to the HC, stating it “wanted to protect” her.
A Delhi High Court bench, had in December last year, ordered the initiation of contempt and enquiry proceedings against Lau after taking note of her alleged use of objectionable remarks included in the appeals filed by Lau. The appeals sought the expunction of adverse remarks passed previously by the single judge bench of the High Court.
In her appeal, Lau, stated that the higher courts “should judge the judgements and not the judge”.
Would Have Retracted Remarks
At the outset of the proceedings, the CJI stated that he wanted to “protect” the judge and asked the senior lawyer appearing for Lau Kapil Sibal to not to argue.
Subsequently, he interacted with the ADJ stating that as he had earlier been the Chief Justice of the High Court he knew the judicial officers there far better than others.
Lau stated that she would have taken back the words used by her immediately had it been brought to her notice during the proceedings before the High Court.
She further stated that she did had not have any desire to “undermine the majesty of law”, adding that the words used by her were “unintentional”. She has submitted to the bench that she will file the affidavit tendering an unconditional apology in the High Court as required by the top court.
The bench observed that the measure was the petitioner’s interest, and added that the bench was going to “protect” her interest.
Earlier, Justice A M Khanwilkar, who had been a part of the three-judge bench, recused himself from hearing the appeal filed by Lau.
Appeal Made To Expunge Adverse Remarks By HC
A High Court bench had overruled the judgements passed by Lau while she was the Additional District Judge of Tis Hazari in four civil cases and added some adverse remarks.
The ADJ later filed intra-court appeals before a division bench seeking to expunge the adverse remarks made on various grounds.
Taking prima facie note of some of the words used in the appeals, the higher HC bench passed an order that they had scandalised the court and the proceedings, and ordered the initiation of criminal contempt and departmental proceedings against Lau.
The Supreme Court has now stayed the proceedings and directed the ADJ to tender an unconditional apology in the High Court.
