Dictatorship comments on the judiciary, lands YouTuber Gulshan Pahuja in jail for 6 months, details

 

 

Pahuja had uploaded videos on his YouTube channel “Fight 4 Judicial Reforms” in which he interviewed advocates Shiv Narayan Sharma and Deepak Singh.

 

The Court observed that Pahuja made scandalous comments about the judicial system and compared the functioning of courts to a dictatorship, stating that he had no expectation of justice from the Indian judiciary.

 

In its May 16 order, the Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja imposed the maximum sentence of six months, noting that a lesser punishment could encourage similar conduct in the future.

 

"We also find that by not imposing adequate punishment on him, we may encourage him to repeat these acts in the future and to embolden him in doing the same," the Court said.

 

Earlier, the Delhi High Court had found YouTuber Gulshan Pahuja guilty of contempt of court and later heard arguments on the sentence to be imposed.

 

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The case arose from videos uploaded on his YouTube channel, “Fight 4 Judicial Reforms,” in which he interviewed advocates Shiv Narayan Sharma and Deepak Singh. During these interviews, certain derogatory remarks were allegedly made against judges and the judiciary.

 

Following complaints raised by three judicial officers, the Delhi High Court initiated contempt proceedings. The two advocates later submitted unconditional apologies, stating that they were unaware that the interviews would be uploaded online with objectionable thumbnails and banners. The Court accepted their apologies as genuine and dropped the proceedings against them.

 

However, Pahuja continued to defend his remarks, claiming they were part of a public campaign for judicial reforms and for audio-video recording of court proceedings. In its judgment delivered on April 21, the Court held him guilty of contempt.

 

During the hearing on sentencing as well, Pahuja allegedly continued to make objectionable remarks, including stating that he did not expect justice from the Indian judicial system.

 

 

Pahuja stated 'adaalaton ki manmarzi badhti jaa rahi hai aur main koi nyay ki umeec nahi kar raha (the arbitrary actions of the courts are increasing and I am not expecting any justice).

 

He further drew comparisons between courts and dictators by stating 'manmarzi ka lusra arth taanashahi hota hai' (the synonym for arbitrariness is dictatorship).

 

Gulshan Pahuja also objected to the manner in which the contempt proceedings were conducted. He argued that judicial records related to his videos were summoned without examining the judicial officers featured in the videos as witnesses, and claimed that he was denied the opportunity to cross-examine them.

 

However, the Delhi High Court observed that Pahuja showed no remorse for his actions and continued to make scandalous remarks against the judiciary even during the proceedings. The Court noted that he justified his conduct in the name of judicial reforms and did not express any regret.

 

 

Stating that he was neither repentant nor deserving of leniency, the Court imposed the maximum punishment of six months’ imprisonment for criminal contempt of court. However, the sentence has been kept in abeyance for 60 days to allow him to file an appeal before the Supreme Court.

 

Advocate Harsh Prabhakar assisted the Court as Amicus Curiae in the matter.

 

Advocates Vivek Kumar Tandon and Laxmi Gupta appeared on behalf of the Delhi High Court Legal Services Committee.

 

Senior Advocates Sacchin Puri and Sanjeev Sagar, along with advocates Mehak Ghaloth, Abhishek Singh, Anil Dhyani, Ashna Bhola, and Vidushi Srivastava, represented advocates Shiv Narayan Sharma and Deepak Singh.