The Delhi High Court recently discharged Advocate Shivashish Gunwal in a criminal contempt case while directing him to offer pro bono legal services in at least two matters before the Additional Sessions Judge (POCSO), South East District, Saket Courts. The division bench, comprising Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta, took into account his years of legal practice and his unconditional apology before making the decision.

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The case originated from an order dated November 23, 2024, by the Additional Sessions Judge (SC POCSO) of South East District, Saket Courts, New Delhi. The trial court had noted that Advocate Gunwal exhibited aggressive behavior, raised his voice, and acted in a disrespectful manner during court proceedings. His conduct disrupted the courtroom atmosphere and led to delays in the trial process.

Court’s Observations on the Lawyer’s Behavior

The trial court documented the following observations in its order:

"During the examination of PW-6, learned counsel for the accused argued in a rash and condescending manner, pointing fingers at the Court and questioning its judicial wisdom. He stated, 'You tell me the law' and 'Why don't you convict the accused now itself?'"

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Despite repeated warnings, the lawyer continued to argue and disrupt proceedings. His actions created an intimidating atmosphere in the courtroom, prompting the judge to refer the matter to the Principal District & Sessions Judge and the Registrar General of the Delhi High Court.

High Court’s Response and Lawyer’s Apology

Following the reference from the trial court, the Delhi High Court issued a notice to Advocate Gunwal. He appeared before the court and submitted an unconditional apology for his conduct in both the trial court and the High Court. The bench acknowledged that he had over 20 years of legal experience without any prior misconduct.

The High Court emphasized that aggressive behavior and raising one's voice in court were unacceptable, as they undermine judicial decorum. However, considering the lawyer’s long-standing practice and sincere apology, the court decided to accept his remorse and not proceed with punitive action.

Directive for Pro Bono Services

While discharging Advocate Gunwal from the contempt proceedings, the High Court mandated that he must render pro bono legal services to at least two accused persons or victims in cases before the Additional Sessions Judge (SC POCSO), South East District, Saket Courts. The court’s order stated:

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"For this purpose, the present order be communicated to the concerned Presiding Officer, who shall appoint the Respondent for rendering pro bono service in at least two matters."

Title: COURT ON ITS OWN MOTION v. SHIVASHISH GUNWAL ADVOCATE