Delhi HC refuses leniency in sentence for advocate who abused female judge in courtroom

Delhi High Court refuses leniency for lawyer who verbally abused female judge, upholds 18-month sentence for gender-specific abuse.

The Delhi High Court on Monday refused to take a lenient view against a lawyer who used abusive language towards a sitting female judge in her courtroom, emphasising it “would amount to doing injustice to justice”.

The case dates back to October 30, 2015, when advocate Sanjay Rathore stormed into a courtroom at the Karkardooma Courts Complex and verbally abused the Metropolitan Magistrate after being informed that his client’s vehicle challan matter had been adjourned to the next day.

When the judge reiterated that the matter had already been adjourned, Mr. Rathore allegedly charged towards the dais anduttered extremely offensive and vulgar remarks towards the judge.

Deeply shaken by the incident, the judge had submitted a formal complaint with the police. 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.”

Subsequently, the trial court convicted Mr. Rathore and he was sentenced to 18 months of simple imprisonment under Section 509 of the IPC (insulting the modesty of a woman), and three months each under Sections 189 (threatening a public servant) and 353 (assault or criminal force to deter a public servant from duty).

The trial court directed that these sentences run consecutively, resulting in a total sentence of two years of simple imprisonment.

During the hearing, the petitioner’s counsel restricted his submissions solely to the quantum of sentence, choosing not to contest the conviction itself. He urged the court to take a lenient view, arguing that the petitioner had already spent 5 months and seventeen days in judicial custody, and should be released on the basis of time already undergone.