‘Assault on justice itself’: Delhi HC refuses to reduce sentence of advocate who abused woman magistrate

In October 2015, a judicial officer was serving as a metropolitan magistrate in Karkardooma court when Rathore, enraged by an adjournment in his matter in his absence, had verbally abused her, including using gendered abusive language. An FIR was subsequently lodged at Farsh Bazar police station.

Rathore was sentenced to 18 months’ imprisonment for the offence under Section 509 (intending to outrage modesty of a woman) of the Indian Penal Code, three months under Section 189 (injury to public servant), and an additional three months under Section 353 (assault or criminal force against public servant to deter them from their duty). It was directed that the sentences would run consecutively, thereby resulting in a total sentence of two years.

Justice Sharma modified the sentence, in effect sentencing Rathore to one year and six months’ imprisonment. Rathore has already undergone five months of imprisonment.

Justice Sharma, while deciding the plea, recorded, “The act of outraging the modesty of a judicial officer while she was presiding over court proceedings, seated on the dais and discharging her solemn duty of dispensing justice, in this court’s opinion, attacks the very foundation of judicial decorum and the institutional integrity…”.

“The petitioner herein was not mere litigant or a bystander in the courtroom, but he was an officer of the court, and thus under a heightened obligation to uphold the dignity of the forum and its presiding officer…This is, therefore, not merely a case of individual misbehaviour, but a case where injustice was done to justice itself – where a judge, who symbolises the impartial voice of the law, became the target of personal attack while discharging her official duties…,” the court added.

“Any act that seeks to threaten or intimidate a judge, especially through gender-specific abuse, is an assault on justice itself, and must be met with firm accountability…To trivialise such conduct under the garb of emotional outburst or momentary lapse is to reflect a patriarchal mindset – one that struggles to respect women in authority and seeks to normalise the unacceptable. This cannot be permitted. Not in law. Not in court…,” Justice Sharma further said.

“No judicial officer, particularly those at the district level who form the backbone of our justice delivery system, should ever be made to feel exposed or unsupported. The female force within the judiciary must never be left feeling helpless or as though they are to be treated at someone else’s pleasure…If a woman holding judicial office is made to feel that her authority is conditional on the civility or restraint of others, the very foundation of judicial independence would get shaken,” the court added.

Justice Sharma further recorded that the incident “reflects a mindset where even women in empowered roles are not seen as immune from humiliation or indignity”.

“It is important that such incidents are not dismissed as isolated or trivial. They must be treated with the seriousness they deserve, for they influence how the judiciary is perceived, and more importantly, how women perceive their place in it,” Justice Sharma said.