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Bombay HC Initiated Suo Motu on Threat and Abuse of Court Peon; Concluded with Acceptance of Unconditional Apologies

The Bombay High Court recently initiated a suo motu writ petition after a court peon, Mr. Atul D. Tayade, reported being verbally abused and threatened by Mr. Mayur Gulabrao Patil, Deputy Commissioner of the Nashik Municipal Corporation, and Advocate Dinesh Nimba Kadam. The court summoned both individuals, expressed its disapproval, and later accepted their unconditional apologies submitted through affidavits, cautioning them to uphold decorum in the future.

The incident occurred in the corridor of Court Room No. 53, where Mr. Tayade was enforcing the court's directive to ensure silence and order. According to the court's order, Mr. Mayur Patil, Deputy Commissioner of the Nashik Municipal Corporation, and Advocate Dinesh Kadam, verbally abused Tayade using "filthy language" and attempted to manhandle him. Patil allegedly flaunted his official identity card, while Kadam threatened to have Tayade dismissed from service by filing a complaint with his appointing authority.

The bench comprising Justices A.S. Gadkari and Kamal Khata documented the incident as narrated by Tayade and noted their conscious decision to refrain from reproducing the abusive language to maintain "decency and dignity."

Upon being informed of the incident, the bench summoned both individuals to appear before it. Advocate Kadam defended his actions, prompting the judges to express strong displeasure over the conduct of both respondents. Notably, the bench initially contemplated directing Tayade to file a criminal complaint under the Bharatiya Nyaya Sanhita, recognizing the severity of the offense.

However, intervention by Senior Advocate Ram Apte and Advocate Subhash Jha led to a plea for leniency, citing potential damage to Kadam's professional career. Consequently, the respondents were allowed to submit affidavits tendering unconditional apologies.

By the evening of November 14, 2024, both respondents filed their affidavits, expressing remorse for their actions. The court took the affidavits on record, accepting the apologies while issuing a stern warning. In its closing remarks, the bench stated:

"We caution both the said Respondents to be cautious and careful in future and not to indulge in such act/s and/or activity/ies in the precincts of any Court in the State of Maharashtra."


Case Details- High Court of Judicature at Bombay on its Own Motion. V. Mayur Gulabrao Patil

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