B R NIKUNJ Vs. VIPIN TIWARI

JUDGEMENT

(1.) An act of a lawyer attacking the reputation and character of a Judge is as grave an offence worthy of condemnation as of a priest in a temple defacing and defiling the deity installed in it, because by such act he not only destroys the very institution from which he derives status and sustenance but does greater general damage by shaking faith of the devotees and hurting the feelings and sentiments of the worshippers who through his mediation and assistance seek spiritual gain and contentment.

(2.) These introductory comments are called for on the facts which have been brought to the notice of this Court by a reference under Section 10 of the Contempt of Courts Act 1971 (hereinafter referred to as 'the Act') made by the Presiding Judge of the Court of Chief Judicial Magistrate of Balodabazar District Raipur against the contemner who is a practising lawyer there.

(3.) It is not in dispute that the Presiding Judge B.R. Nikunj, Additional Chief Judicial Magistrate, Balodabazar by Judgment dated 8-1-1997 in Criminal Case 497/87 convicted the father of the contemner for offence under Sections 336, 427 read with Section 34, I.P.C. and sentenced him to one year three months' imprisonment and a fine of Rs. 1250/-. After the above Judgment of conviction and sentence the contemner made a complaint in writing supported by his affidavit to the Chief Justice of this High Court and sent its copies to the President of India, Chief Justice of India, Registrar of the High Court, President of State Bar Council and District and Sessions Judge, Raipur. In the written complaint with affidavit sworn on 22-7-1997 he made the following allegations against the Additional Chief Judicial Magistrate Shri B.R. Nikunj :