Disha Salian Death Case: Bombay HC Initiates Suo Motu Contempt Proceedings Against Advocate Nilesh Ojha Over Remarks Against Sitting Judge

Mumbai: The Bombay High Court on Tuesday initiated 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.

A special five-judge bench comprising Chief Justice Alok Aradhe and Justices A.S. Chandurkar, M.S. Sonak, Ravindra Ghuge, and Ajey Gadkari noted that the lawyer’s statements in the conference held on April 1 were “ex-facie contemptuous.” The bench directed YouTube 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.

On Tuesday, the larger bench remarked 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.

“The statements prima facie constitute criminal contempt. We direct the registry to issue notice to Ojha,” the court said, while keeping the matter for further hearing on April 29.

Apart from directing YouTube and the Marathi news channel to remove the video forthwith, the court has restrained them from uploading it in the future.

“The statements in the press conference appear to have been made deliberately to scandalise the authority of this court and also a sitting judge. They are scandalous and defamatory allegations,” the bench underlined in its detailed order.

Moreover, the statements tend to lower the dignity of this court. The manner in which the statements have been made certainly amounts to causing obstruction in the administration of justice, the HC said. It added: “The statements are ex-facie contemptuous.”

Satish Salian has urged the registration of an FIR against Shiv Sena (UBT) leader Aaditya Thackeray and sought that the case be handed over to the CBI. The plea alleges that Disha was “brutally raped, murdered, and subjected to a politically orchestrated cover-up.”

During the press conference on April 1, Ojha levelled allegations of corruption against the sitting HC judge before whom the plea was listed for hearing on April 2.

On April 2, Ojha told the bench that the matter pertained to an offence against a woman and falls under the assignment headed by Justice Sarang Kotwal. Accordingly, the bench directed the high court registry to take steps to place the matter before the bench of Justice Kotwal.

On Tuesday, the larger bench remarked that if Ojha or his client had any reservations about the sitting judge, he could have raised the same before the concerned judge when the plea was to be heard on April 2. However, instead of making the submission before the bench, Ojha held a press conference, the court said.

While directing the forthwith removal of the videos of the press conference from the internet, the HC has asked the Union and state governments to ensure that the directive is followed.

The court has also appointed senior advocates Darius Khambata and Anil Sathe as amicus curiae (friends of the court) to assist with the matter. It has also sought assistance from the Additional Solicitor General and the State Advocate General.