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Bombay High Court
Criminal Law

Vihar Shivajirao Durve v. State of Maharashtra — Bombay High Court Issues Contempt Notice to Law Department Secretary Over "Aggressive, High-Pitched Tone Bordering On Shouting" in Open Court

The Bombay High Court has initiated contempt proceedings against Dilip S. Ghumare, Secretary and Senior Legal Advisor of Maharashtra's Law and Judiciary Department, after he responded to the Bench in an "aggressive, high-pitched tone (bordering to shouting)" and publicly blamed the High Court administration during a PIL hearing on judicial appointments.

Court
Bombay High Court
Case / Citation
Interim Application No. 2678 of 2025
Date of Decision
September 1, 2026
Bench
Justice Ajay Gadkari and Justice Kamal Khata
Parties
Vihar Shivajirao Durve v. State of Maharashtra
Relevant Acts & Sections
Article 215, Constitution of India; Section 2(c), Contempt of Courts Act, 1971
Area of Law
Criminal Law
Headnotes
During a PIL hearing on the non-filling of 179 Fast Track Court posts, the Law Department Secretary reacted defensively to a question about his own affidavit, raising his voice and blaming the High Court administration in open court. The Bench rejected his subsequent apology and issued contempt notice.

Full Judgment Text

FACTS:

During the hearing of a PIL concerning judicial appointments in Maharashtra, specifically the non-filling of 179 sanctioned posts for Fast Track Courts, the Bench questioned Dilip S. Ghumare, Secretary and Senior Legal Advisor of the State's Department of Law and Judiciary, about the contents of an affidavit filed on the State's behalf.

When asked who had drafted the affidavit, Ghumare responded in what the Court described as "an aggressive, high-pitched tone (bordering to shouting)," and proceeded to publicly blame the High Court administration for the delay in filling the posts, in a packed courtroom.

COURT'S ANALYSIS:

A Division Bench of Justice Ajay Gadkari and Justice Kamal Khata held that Ghumare's outburst and aggressive demeanour, deliberately displayed in open court in full public view, went beyond an isolated lapse of composure. The Court found that the conduct not only scandalised the Court but undermined and attempted to lower its authority, constituting contempt ex facie under Article 215 of the Constitution of India read with Section 2(c) of the Contempt of Courts Act, 1971.

The Bench rejected Ghumare's apology at this stage, observing: "Such conduct is manifestly unbecoming of any judicial officer and simply outrageous." The judges reasoned that accepting an apology too readily would send the wrong message about the standards expected from senior officers appearing before the Court.

HOLDING:

The Bombay High Court issued contempt notice to Dilip S. Ghumare, directing him to show cause why contempt proceedings should not be initiated against him, with the matter listed for further hearing on September 11, 2026.

Source: LiveLaw, "'Wholly Unpardonable': Bombay High Court Initiates Contempt Action Against Law Department Secretary For Shouting At Judges," September 1, 2026.

Cases Cited & References

  1. 1. 2026 LiveLaw (Bom) 423
Nyay Vidhan
Court Judgments · 2 min read
Decided: September 1, 2026 Justice Ajay Gadkari and Justice Kamal Khata
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