Bombay HC To Hear Contempt Proceedings Against Disha Salian's Father's Advocate For Defamatory Remarks On June 17

Mumbai: The Bombay High Court will hear on June 17, the suo motu (on its own) contempt proceedings against advocate Nilesh Ojha for his “scandalous and defamatory” remarks against a sitting HC judge during a press conference related to the Disha Salian death case.

On Tuesday, Ojha’s advocate, Ghanshyam Upadhyay, sought time to file an application seeking discharge of contempt proceedings. A special five-judge bench comprising Chief Justice Alok Aradhe and Justices AS Chandurkar, MS Sonak, Ravindra Ghuge and Ajey Gadkari granted two weeks' time to Ojha and kept the matter for hearing on June 17.

On April 8, the HC had noted that the lawyer’s statements in the conference held on April 1 were “ex-facie contemptuous.” The bench directed YouTube (Google LLC) and a Marathi news channel to “forthwith” remove the video of the press conference and all related material.

Disha Salian’s father, Satish Salian, had approached the HC last month through Ojha, seeking a fresh probe into the mysterious circumstances under which his daughter was found dead. Disha, manager of the late actor Sushant Singh Rajput, died on June 8, 2020, after falling off the 14th floor of a residential building in suburban Malad.

The HC said that Ojha’s comments during the press conference against the sitting HC judge and a former Chief Justice of the HC “lowered the dignity of the court”.

Ojha filed a reply to the contempt proceedings claiming it is his fundamental right to speak. Replying to the contempt notice, Ojha has questioned the maintainability of the proceedings on the basis of his fundamental right of right to speak. Ojha claims that publication of truthful material, even if it exposes corruption or misconduct by a sitting Judge, does not amount to contempt, even if it damages the reputation of a sitting judge.

Ojha has claimed that while issuing the notice to him the court has not specified the source of information. He has also opposed the said action and has sought for restoration of the deleted video and has sought protection of his right to free speech.