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Friday, April 2, 1999

Sorry, Arlene Halbe tells HC bench

EXPRESS NEWS SERVICE  
MUMBAI, APRIL 1: Arlene Halbe, who committed contempt of court on Tuesday by throwing a shoe at the division bench of Justice A V Sawant and Justice P D Upasani, today apologised to the bench. However, her desire to talk about her previous case of matrimonial dispute, which had caused her to commit the contempt, was cut short by the bench. Justice Sawant said he was not keen on hearing about it and she would only ``aggravate her contempt case'' by speaking about the matter.

Nonetheless, Halbe has been given time till April 9 to have her say by filing an affidavit, and the bench has decided to send the papers of the case to the Chief Justice for directing a different bench to hear the case.The suo moto contempt proceeding of Halbe - who underwent two divorces and lost subsequent custody of her children - was marked by high drama. Police appearance in the corridor of court room no 54 was strong, especially since another litigant woman, Smita Patel who claimed she was also aggrieved by the judiciary, was keenon offering her support to Halbe. Patel went about displaying cash of around Rs 50,000 in her purse. According to sources, she wanted to provide the bail amount of Rs 10,000 for Halbe by throwing it directly to the bench. Being unable to muster up the bail amount, Halbe is still in judicial custody.

In the court room, choc-a-bloc with lawyers as well as the public curious about the case, Patel wrote out something for mentioning to the bench. Interestingly, Halbe disclaimed having to do anything with Patel. Sensing trouble, women police constables forced Patel out of the courtroom though she resisted. It was only after she left, at around 3.15 pm, that Justice Sawant and Justice Upasani came into the courtroom. State Advocate-General C J Sawant immediately stood up saying the accused was willing to express regret.

Halbe was then presented in the courtroom. A tall slim woman, she came barefoot, clad in a synthetic trouser and shirt. Her head was covered in a scarf which she had elaborately covered over hermouth. She briefly moved it to speak to the bench. Halbe admitted that she was sorry. ``I did not get an opportunity to say sorry.. I know I did wrong. It was foolish of me. But sir, I want to put on record...'' she began when she was cut short by the bench. She was asked to file an affidavit if she wished to say anything further.

Justice Sawant then remarked that propriety demanded that some other bench decide the issue. In the order that was dictated, the bench adjourned the matter to April 12, and the Chief Justice will decide on the bench which is to adjudicate the matter.

According to sources, Arlene Halbe had lost custody of her daughter to her husband Uday Halbe in her second marriage. The case had been decided by the division bench of Justice Sawant and Justice Patankar in 1995.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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