Latest
Saturday, October 31, 2026
Bombay High Court
Criminal Law

Bombay High Court Issues Contempt Notice to Maharashtra Law Secretary Over Open-Court Outburst

Published: · NyayVidhan

The Bombay High Court issued notice to Dilip S. Ghumare, Secretary and Senior Legal Advisor of Maharashtra's Law and Judiciary Department, to show cause why contempt proceedings should not be initiated against him. The Bench took the view that his aggressive outburst in open court, blaming the High Court administration when asked about his affidavit on 179 Fast Track Court posts, constituted contempt ex facie (paras 1-4, 12). The notice is returnable on 11 September 2026 (para 14).

Bombay High Court Issues Contempt Notice to Maharashtra Law Secretary Over Open-Court Outburst
File photo: Bombay High Court, Mumbai Photo: Gnoeee Source: Wikimedia Commons Licence: CC BY-SA 4.0

Judgment Intelligence

Other
Vihar Shivajirao Durve v. State of Maharashtra & Ors.
Interim Application No. 2678 of 2025 in Public Interest Litigation No. 219 of 2013
Court
Bombay High Court
Date of Decision
1 September 2026
Bench
Justice A.S. Gadkari and Justice Kamal Khata
Relevant Acts & Sections
Constitution of India — Article 215; Contempt of Courts Act, 1971 — Section 2(c); Bombay High Court Appellate Side Rules, 1960 — Chapter XXXIV, Rule 9(1) (Contempt of Courts (Bombay High Court) Rules, 1994)
Final Outcome

Notice issued to Mr. Dilip S. Ghumare to show cause why contempt proceedings should not be initiated against him; returnable on 11.09.2026; physical service waived; stand over to 11.09.2026 (paras 12-17). The matter is pending.

Source Bombay High Court (bombayhighcourt.gov.in), decided 01.09.2026

Key holdings

  1. The Bench viewed the outburst as contempt ex facie under Article 215 read with Section 2(c) of the Contempt of Courts Act (para 4).
  2. Asked to accept an apology, the Court said a judicial officer cannot expect pardon through an apology after such conduct (paras 8, 10).
  3. Notice issued under Chapter XXXIV, Rule 9(1), returnable on 11 September 2026; service waived as he was present in court (paras 12-16).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

In an interim application in a public interest litigation, the Bench found Mr. Ghumare's affidavit of 4 August 2026 unsatisfactory and asked the Additional Government Pleader which averments in the additional affidavit of 27 August 2026 stated that 179 new posts for Fast Track Courts were created (para 1). When he could not answer, Kamal Khata J. asked Mr. Ghumare, who was present, who had drafted the affidavit and whether it contained those averments (para 2). Instead, he responded in "an aggressive, high-pitched tone (bordering to shouting)", blaming the High Court administration before a packed courtroom (para 3). The Advocate General declined to defend the conduct but sought leave to accept his apology (para 8).

Court's Findings

The Bench held that the outburst, deliberately displayed in open court, not only scandalised the Court but undermined and attempted to lower its authority, constituting contempt ex facie under Article 215 read with Section 2(c) of the Contempt of Courts Act, 1971 (para 4). Mr. Ghumare is a senior judicial officer, now Secretary and Senior Legal Advisor in the Law and Judiciary Department, and his conduct was "manifestly unbecoming of any judicial officer and simply outrageous" (para 5). Decorum becomes imperative when the person is himself a judicial officer (para 6). A judicial officer cannot behave so in open court and then expect a pardon through an apology; permitting it would convey "a deeply troubling message" to the public, a view the Court said is supported by Re: Vinay Chandra Mishra (para 10). On the Advocate General's suggestion, notice was issued under Chapter XXXIV, Rule 9(1) of the Bombay High Court Appellate Side Rules, 1960 (paras 11-13).

Legal Principle

A judicial officer serving in the State's Law Department who launches an aggressive outburst against the Court in open court may be issued notice for contempt ex facie, and cannot expect to be absolved by an apology offered later through counsel or the Advocate General (paras 4, 10).

Precedents Relied Upon

  1. Re: Vinay Chandra Mishra (1995) 2 SCC 584
    Relied Upon Discussed at ¶ 10

    Supports the view that a person who commits an ex facie contemptuous act in open court cannot expect to be absolved by a later apology.

NyayVidhan
Court Judgments · 2 min read
Decided: September 1, 2026 Justice A.S. Gadkari and Justice Kamal Khata
PDF
Join our WhatsApp Group
✕

Try: POCSO, IBC, Electoral Bond, Article 370, NDPS Act, Bail Conditions, SC Contempt