- (1.) HEARD Mr. Gharote, learned Counsel for the petitioner, Mr. V. R. Manohar, Senior Counsel for the respondents and Mrs. Khade, A. P. P. for the State.
(2.) THIS petition was filed with a prayer that the respondent Nos. 1 to 4 be proceeded for Criminal Contempt of this Court as defined under section 2 (c) (1) read with section 12 of the Contempt of Courts Act, and so also under Article 215 of the Constitution, and the contemners be punished according to law. It was in reference to an article written by respondent No. 1 in the evening daily "khabar", which was published on 8-9-1993, in which the author made certain scandalous remarks against the sitting Judge of this Court. This was an off-shoot of a requisition made by the some members of the High Court Bar Association to convene emergent Special General Body Meeting of the Association to discuss and consider the following motion : This Association is regretfully constrained to voice the strong feeling of the members of this Association in respect of judicial work being conducted with undue haste, without giving full hearing to them and with partisan attitude by the Honble Shri Justice A. A. Desai. This Association expresses its displeasure regarding conduct and behaviour in Court of Honble Mr. Justice A. A. Desai. The Association requests the Honble the Chief Justice, Bombay High Court to transfer him from this Bench or not to allot him any Court work. The Chief Justice is requested to consider this request and pass appropriate orders within one week. It is further resolved that the members of the Association shall abstain from attending work in his Court from tomorrow. " (Annexure I to the petition)
(3.) THE author of the letter on the basis of the said proposed motion, wrote an article in a form of open letter addressed to the sitting Judge of this Court.;