The Madhya Pradesh High Court warned a litigant who placed a foetus in front of the court dais, observing that the “proceedings cannot be converted into a platform for emotional display or for attempting to secure undue sympathy”.
The litigant alleged large-scale embezzlement in a major automobile manufacturer and sought directions for an investigation and recovery of over Rs 200 crore. Justice Himanshu Joshi dismissed his plea, observing that it was vague and unsupported by any material evidence.
During the hearing, the litigant claimed his wife and daughter were recently attacked by a car, which allegedly led to his wife suffering a miscarriage. During the hearing on March 9, the litigant placed a foetus in front of the court dais during the proceedings, an act that Deputy Advocate General Vivek Sharma described as objectionable.
Justice Himanshu Joshi strongly criticised the action, observing in the order: “Such an act is highly objectionable, improper and amounts to lowering the dignity and decorum of the Court. Court proceedings cannot be converted into a platform for emotional display or for attempting to secure undue sympathy.”
While expressing sympathy for the personal loss of the petitioner and his family, the court emphasised that judicial proceedings must be guided strictly by law and evidence.
“While this Court expresses its sympathy for any personal loss or grief that the petitioner and his family may have suffered, it is equally necessary to emphasise that the Court functions on the basis of law and evidence. The Court is the same for every litigant, and the grief or suffering of one party cannot be weighed against that of another to influence the judicial process,” the order said.
Justice Joshi observed that “bringing a miscarried fetus into the Courtroom by a private individual is wholly improper and contrary to law”.
“A fetus, being human anatomical material, is required to be handled and disposed of strictly in accordance with the provisions of the Biomedical Waste Management Rules, 2016,” the court said.
The court further observed, “Unauthorised carrying and display of such remains in a public place like a Courtroom not only violates the prescribed procedure, but also prima facie amounts to offering indignity to a human corpse, punishable under the Bhartiya Nyaya Sanhita, 2023. Such conduct is also capable of disturbing the decorum and dignity of the Court.”
The court also cautioned the petitioner against repeating such conduct in future proceedings.
“This Court further cautions the petitioner that such conduct must not be repeated in future before this Court or before any other judicial forum or public authority. Any attempt to disturb the dignity, decorum and orderly functioning of judicial proceedings by resorting to such acts is wholly impermissible and cannot be tolerated in a Court of law,” the order said.
The judge warned that in the event of repetition of such conduct, the concerned court or authority would be at liberty to take appropriate action in accordance with the law.
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