Bombay HC Five-Judge Bench Orders Removal Of 'Scandalous' Video Of Adv Nilesh Ojha Making 'Defamatory Allegations' Against Sitting Judges

The Bombay High Court on Tuesday ordered YouTube and Marathi news channel - ABP Majha, to remove a 'scandalous' video of advocate Nilesh Ojha, who made 'defamatory' allegations against sitting judges of the High Court.

A five-judge bench led by Chief Justice Alok Aradhe also issued a show cause notice to Ojha for making 'scandalous and defamatory' allegations against Justice Revati Mohite-Dere and former Chief Justice Devendra Upadhyay (now Delhi HC CJ).

The bench also comprising Justices Atul Chandurkar, Mahesh Sonak, Ravindra Ghuge and Ajay Gadkari watched a video of Ojha, who addressed a Press Conference on April 1 with regards to the hearing of a petition he filed on behalf of Satish Salian, who has sought a fresh probe in the death of his daughter Disha Salian. 

The said petition was listed before a bench of Justices Mohite-Dere and Dr Neela Gokhale on April 2. However, a day before the matter's hearing, the five judges noted, that Ojha claimed before the media that Justice Mohite-Dere was 'disqualified' from hearing the case. 

The five judges watched the video of the press meet, wherein Ojha made several 'personal' allegations against Justice Mohite-Dere and CJ Upadhyay. He claimed to have filed a complaint against the said judges before the President of India, who orally allowed his client Salian to 'prosecute' the said judges. 

The five-judge bench noted that instead of making submissions seeking recusal of Justice Mohite-Dere from hearing his plea on April 2, Ojha held a press conference on April 1. And interestingly, on April 2, when the matter was called out for hearing before Justice Mohite-Dere's bench, Ojha instead submitted that his petition was wrongly placed before the said bench and in fact, as per the roster, the petition must be heard by a division bench led by Justice Sarang Kotwal.  

"The statements made with regard to recusal were made deliberately to scandalise the judge and this court. These statements defame the judge and also the court. They tend to lower the authority of this Court and interfere in the due course of administration of justice. The statements of Mr Ojha are ex facie contemptuous and amount to interference in administration of justice," the five-judge observed in the order. 

The judges recorded their satisfaction that the statements of Ojha constitute 'Criminal Contempt.'

"We therefore direct the Registry to issue show-cause notice to Mr Ojha, made returnable on April 29," the judges said. 

Further, the bench noted that the video of the Press Conference has been circulated on YouTube and ABP Majha and therefore, ordered the Union and also the Maharashtra Governments to ensure that the 'offending videos' are forthwith removed from all the platforms. 

The bench ordered the Registry to also issue formal notice to the Bar Council of India (BCI), Bar Council of Maharashtra & Goa (BCMG), Bombay Bar Association (BBA), Advocates Association of Western India (AAWI), YouTube and ABP Majha as respondents. 

The judges appointed Senior Advocates Darius Khambatta and Milind Sathe as Amicus Curiae to assist the court in the contempt proceedings. 

Lastly, the bench ordered Additional Solicitor General (ASG) Anil Singh and Advocate General Dr Birendra Saraf too, to assist the court.