IN RE: RASHID KHAN PATHAN AND ORS Vs. IN RE: RASHID KHAN PATHAN AND ORS.
LAWS(SC)-2020-9-44
SUPREME COURT OF INDIA
Decided on September 03,2020

In Re: Rashid Khan Pathan And Ors Appellant
VERSUS
In Re: Rashid Khan Pathan And Ors. Respondents




JUDGEMENT

- (1.)By a judgment dated 27.04.2020, the Appellant herein Sh. Rashid Khan Pathan and two others, Sh. Vijay Kurle and Sh. Nilesh Ojha were held guilty of contempt for making scurrilous and scandalous allegations against the Judges of this Court. On 01.05.2020, the matter was listed for hearing the contemnors on the sentence. On that day this Court was informed that applications for recall of the judgment dated 27.04.2020 were filed. Anyhow, the matter could not be heard on 01.05.2020 due to technical reasons as connection could not be established with one of the contemnors or his counsel. After hearing the contemnors regarding the sentence on 04.05.2020, this Court found that there was no remorse or any semblance of apology shown by them. The three contemnors were sentenced to undergo a simple imprisonment for a period of three months with a fine of Rs.2,000/-. In view of the Covid-19 pandemic and the lockdown conditions, this Court directed that the sentence shall come into force after sixteen weeks from 04.05.2020. The contemnors were directed to surrender before the Secretary General of this Court to undergo the imprisonment.
(2.)An application filed by the contemnor No.3 - Sh. Nilesh Ojha for recusal of Justice Deepak Gupta was rejected on the same day i.e. on 04.05.2020. Interim Application Nos. 48480, 48482 and 48484 of 2020 were filed by the contemnors seeking recall of the judgment dated 27.04.2020. This Court was of the opinion that the recall applications were not maintainable and the only proper remedy available to the contemnors is to file a Review Petition. In such view of the matter, this Court dismissed the applications for recall of the judgment dated 27.04.2020 by giving liberty to the contemnors to file a Review Petition, if they so desired. The prayer made by Sh. Nilesh Ojha that he may be granted liberty to file a Writ Petition was also rejected by this Court by holding that a writ petition is not maintainable against the judgment dated 27.04.2020.
(3.)The Appellant herein filed an application for recall of the order dated 04.05.2020. By relying upon the judgments of this Court, the Registrar (Administration) by an order dated 07.08.2020 lodged the application as 'it did not deserve to be received for registration'. The above appeal is preferred by Sh. Rashid Khan Pathan against the said order of the Registrar (Administration) dated 07.08.2020.
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