"How Can They?" Chief Justice Flags '"Gunda Raj' After Lawyer Claims Assault

The Supreme Court on Monday delivered a stern rebuke over an alleged incident of violence inside a Delhi courtroom, describing it as a manifestation of "gunda raj" and a direct affront to the rule of law.

The remarks came from Chief Justice of India Surya Kant, who was hearing a lawyer who claimed that he had been assaulted inside a courtroom at the Tis Hazari Courts complex in the capital.

The incident, according to the lawyer, occurred on February 7 when he was appearing on behalf of an accused before the court of Additional District Judge Harjeet Singh Pal. 

Addressing the Chief Justice, the advocate said that while he was conducting proceedings before the Additional District Judge, the complainant's counsel entered the courtroom accompanied by several individuals whom he described as "goons".

"The complainant's advocate with many goons attacked me. Hit me. Judge was sitting right there. All members of court were there," the lawyer told the bench.

He further alleged that the group locked the courtroom door from inside and assaulted him and the accused in full view of the presiding judge and others present in the courtroom.

Chief Justice Surya Kant responded with visible concern and sharp language.

"This kind of Gunda raj is not acceptable to us. That means its failure of rule of law," he said.

At one point, the Chief Justice asked pointedly: "How can they misbehave like this?"

The Chief Justice also questioned the manner in which the grievance was being raised. He asked the lawyer whether he had formally brought the matter to the attention of the Chief Justice of the Delhi High Court, who exercises administrative control over the district judiciary in the capital.

"Have you informed this before the Delhi High Court Chief Justice? Why not make the mention before the head of the Delhi judiciary? You want to mention before me so that media can catch up?" the CJI asked.

The advocate responded that he was raising the matter as a member of the Supreme Court Bar Association and claimed that the police were reluctant or "scared" to take action.

The Chief Justice instructed him to follow due process.

"Have you brought it to the notice of the Hon'ble Chief Justice of the Delhi High Court? Write a letter to the Chief Justice and mark me as well. Let the High Court Chief Justice take cognizance and action will be on administrative side," CJI Surya Kant said.

He clarified that nothing was required to be done on the judicial side at that stage.

"Let me deal with it administratively. Nothing to be done on the judicial side. First you go and make the complaint. Let the Chief Justice (of Delhi High Court) take cognisance of it. You make a complaint with a copy to me," he added.