Supreme Court spares litigant who abused judges, threw papers in open court
Synopsis
Key Takeaways
The Supreme Court on Friday, 10 July declined to initiate contempt or disciplinary action against a litigant who allegedly hurled abuses, threw papers into the air, and disrupted proceedings in an open courtroom — choosing leniency over punitive action given what the Bench described as the petitioner's apparent condition.
What Happened in Court
A Bench of Justice K.V. Viswanathan and Justice Alok Aradhe was hearing a Special Leave Petition (SLP) filed by Prabal Pratap, who was appearing in person, challenging an order of the Allahabad High Court's Lucknow Bench. At the outset of the hearing, the petitioner addressed the Bench in a manner that stunned the courtroom.
'Mr judicial servant. I order you to order the registration of an FIR against the ACP... Lucknow,' Prabal Pratap reportedly told the Bench. The court responded, 'You are ordering us?' The petitioner replied, 'That is all from my side. Everything is on record.'
He then allegedly threw papers relating to his case into the air and began hurling abuses, including making offensive remarks against the Chief Justice of India (CJI). Security personnel intervened and escorted him out, allowing proceedings to resume.
What the Supreme Court Said
In its order, the Justice Viswanathan-led Bench recorded that the petitioner, instead of presenting his case, 'made incoherent and unparliamentary utterances.' Despite the gravity of the conduct, the court chose not to act against him.
'We have, however, considering the condition of the petitioner above named, do not propose to take any action against him,' the Bench stated. The court also found 'no good ground to interfere with the impugned judgment/order(s)' and dismissed the SLP along with all pending applications, including those seeking permission to appear and argue in person.
Background: The Allahabad High Court Order
The SLP arose from an April 6 order of a Division Bench comprising Justice Shekhar B. Saraf and Justice Pramod Kumar Srivastava of the Allahabad High Court. The Division Bench had dismissed Prabal Pratap's criminal writ petition, which challenged an order of a Special Chief Judicial Magistrate in Lucknow.
The High Court held that the trial court's direction — that the petitioner's application under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) be treated as a private complaint — was subject to an efficacious alternative remedy. It dismissed the writ petition while granting liberty to the petitioner to approach the appropriate court.
What This Case Signals
Incidents of litigants-in-person disrupting Supreme Court proceedings are rare but not unprecedented. Courts have occasionally exercised restraint in such cases, particularly where the conduct appears to stem from distress rather than calculated defiance. Notably, the apex court's decision not to initiate action — even after offensive remarks against the CJI — reflects a measured judicial temperament, though legal observers may debate whether such restraint adequately deters future courtroom disruptions.
With the SLP dismissed and all pending applications disposed of, Prabal Pratap's legal options in this matter now stand exhausted at the apex court level.