Video of the confrontation between advocate Mahesh Tiwari and Justice Rajesh Kumar spreads across social media.
Jharkhand High Court.
The Jharkhand High Court has initiated a suo motu criminal contempt case against advocate Mahesh Tiwari following a viral video of an intense confrontation between the lawyer and Justice Rajesh Kumar during a live-streamed hearing on Thursday, October 16. The video, which captured the exchange, quickly spread on social media, sparking widespread attention and concern regarding courtroom decorum.
The incident occurred during a hearing involving a case of a widow, Pushpa Kumari, who was fighting against the disconnection of her electricity connection and a hefty demand from the electricity board. Advocate Tiwari represented Kumari, arguing that, given her dire financial situation, the required deposit for the restoration of electricity should be lower than the amount the Court suggested. After Justice Kumar insisted that a ₹50,000 deposit was necessary, Tiwari grew increasingly agitated, leading to the exchange that would ultimately escalate into a contempt case.
The Confrontation: Words that Sparked Contempt
In the midst of the hearing, after a few back-and-forths on the appropriate amount for the deposit, Tiwari, visibly frustrated, addressed the judge directly, stating:
“I can argue in my own way, not in your way in which you say. Please mind that… Don’t try to humiliate any advocate, I am telling you. Sir, please don’t try to humiliate any person. The country is burning… with the judiciary. These are my words. Don’t try to humiliate any advocate. Aap bahut jaante hai, aap judge hogaye; hum loug nai jaante hum loug wakeel hai (you know a lot, you have become a judge; We don’t know, we are lawyers). I will argue in my own way. Don’t cross the limit. Please, don’t cross the limit. I have already practiced for the last 40 years.”
The comments, captured live on YouTube, quickly became the focus of a growing online debate about the behavior of lawyers and judges in Indian courts. The video also shows a moment of rising tension when Tiwari, in apparent reference to the remarks of Justice Kumar, confronted the judge directly, asking if he was being referred to. Justice Kumar confirmed, and Tiwari retorted that he would continue to argue in his own way, with other lawyers attempting to calm the situation.
The Court Responds: Contempt Case Registered
In light of the incident, the Jharkhand High Court did not hesitate to take swift action. On Friday, a full bench consisting of Chief Justice Tarlok Singh Chauhan, Justice Sujit Narayan Prasad, Justice Rongon Mukhopadhyay, Justice Ananda Sen, and Justice Rajesh Shankar registered a suo motu criminal contempt case titled “Court on Its Own Motion vs Mahesh Tiwari”. The matter has been listed for hearing on November 11, 2023.
A copy of the order passed in the case was not immediately available, but the registration of the contempt case indicates the Court’s serious approach towards maintaining respect for judicial authority and upholding proper decorum in courtrooms.
Context of the Confrontation
The incident took place shortly after a hearing on a case involving the disconnection of electricity for Pushpa Kumari, who was being represented by Tiwari. The dispute centered around the high amount demanded by the electricity board for restoring her connection. Tiwari had argued for a reduced deposit of ₹10,000-15,000, citing Kumari’s financial hardship, especially with Diwali approaching. However, Justice Kumar insisted that the deposit should be ₹50,000, in accordance with legal precedents. The Court emphasized that the judiciary had to adhere to the law and could not act out of mercy.
As the hearing concluded with a ₹50,000 deposit order, tempers flared during subsequent proceedings. Justice Kumar made remarks in reference to Tiwari’s earlier argument, stating, “Aap khada hoke ki ‘widow hai, ye hai wo hai, gareeb hai… koi pleading nai hai… agar hum nai stay denge, tou hum anyay kardenge. [You cannot get up and merely plead that ‘she is a widow, a destitute …’ that too in absence of pleadings and say if we don’t grant stay, injustice will be done by Court] What sort of argument is going on?”
Justice Kumar then appeared to direct his comments to State Bar Council Chairman, asking, “This is the way your advocate will argue the case?” It was at this point that Tiwari, who had remained in the courtroom, approached the bench and demanded to know if the judge was referring to him. When Justice Kumar confirmed, the exchange became more pointed, with Tiwari defending his right to argue his case in his own manner.
The Aftermath: A Controversial Moment for the Judiciary
Though the confrontation had already created a stir in the courtroom, the situation quickly escalated after the court session, when the video of the incident, streamed live on YouTube, went viral. The public outcry over the exchange led the Court to take serious action by initiating a contempt case.
Legal experts have voiced differing opinions on the matter. While some argue that Tiwari’s remarks were disrespectful and undermine the dignity of the judiciary, others contend that his comments were born out of frustration with the legal process and the perceived lack of compassion in the courtroom. Regardless, the incident has prompted a broader conversation on maintaining professionalism and respect in legal proceedings, both for judges and lawyers.
Legal Representation
In this matter, Advocate Mahesh Tiwari represented Pushpa Kumari. Meanwhile, the bench of judges involved in the case included Chief Justice Tarlok Singh Chauhan, Justice Sujit Narayan Prasad, Justice Rongon Mukhopadhyay, Justice Ananda Sen, and Justice Rajesh Shankar.
As the case moves forward, the judiciary will likely face intense scrutiny regarding the handling of this rare instance of conflict between a lawyer and a judge in a public courtroom setting.
