DEEPAK GUPTA,J. - (1.) A Bench of this Court while dealing with Suo Motu Contempt Petition (Criminal) No.1 of 2019 took note of a letter dated 23.03.2019 received by the office of the Judges of the Bench on 25.03.2019. This was a copy of the letter sent by the President of the Bombay Bar Association and the President of the Bombay Incorporated Law Society to the President of India, Chief Justice of India and the Chief Justice of the Bombay High Court. In the said letter, reference was made to two complaints - one made by the Indian Bar Association, dated 20.03.2019 through alleged contemnor no. 1, Shri Vijay Kurle, State President of Maharashtra and Goa of the Indian Bar Association, and the second complaint dated 19.03.2019 made by alleged contemnor no. 2, Shri Rashid Khan Pathan, National Secretary of the Human Rights Security Council. It was mentioned that these complaints have not only been sent to the President of India and the Chief Justice of India but also have been circulated in the social media and the complaints were attached as Annexures-1 and 2 to the said letter. The Bench took note of the letter and the complaints attached to the said letter and specifically noted the prayers made in both the complaints and found that both the complaints are substantially similar. The Bench on noting the allegations made in the complaints was of the view that scandalous allegations have been made against the members of the said Bench and, therefore, notice was issued to Shri Vijay Kurle, alleged contemnor no. 1, Shri Rashid Khan Pathan, alleged contemnor no. 2, Shri Nilesh Ojha, alleged contemnor no. 3 and Shri Mathews Nedumpara, alleged contemnor no. 4. The Bench also directed that the matter be placed before the Chief Justice of India to constitute an appropriate Bench to hear and decide the contempt case.
(2.) After notice was issued, Shri Nedumpara filed an application, being Criminal M.P. No. 60568/2019 for discharge in which he stated that he barely knew Shri Vijay Kurle and Shri Nilesh Ojha, and did not know Shri Rashid Khan Pathan at all. He denied any role in sending those complaints. Therefore, vide order dated 02.09.2019 we had discharged Shri Mathews Nedumpara but made it clear that if during the course of proceedings any evidence comes up against him, he would be summoned again. On the same date, Shri Nilesh Ojha who appears in person stated that the Registry has not given complete copy of the annexures attached with the letter of the Bombay Bar Association and Bombay Incorporated Law Society to him along with the notice. The Registry was directed to supply the annexures to him. On 30.09.2019 we were informed that the Registry has not given complete annexures. Thereafter, we had directed the Registry to supply 3 sets of Annexures P1 to P1 5 attached with the letter which were sent to alleged contemnor nos. 1 to 3. On the same date, we appointed Shri Sidharth Luthra, learned senior counsel, as amicus curiae to assist the Court. On 04.11.2019, alleged contemnor nos. 1 to 3 admitted that all the documents have been supplied to them and thereafter, fresh replies were permitted to be filed.
(3.) In the letter of the Bombay Bar Association and the Bombay Incorporated Law Society reference was made not only to the allegations in the complaints levelled against the 2 Hon'ble Judges of this Court but also other allegations were made which indicated that alleged contemnor nos. 1 to 3 had committed contempt of the Bombay High Court also. On 09.12.2019 we had clarified that in view of the original order taking suo motu notice and the documents placed on record, the charge against Shri Vijay Kurle, alleged contemnor no. 1 was only in respect of the scandalous allegations levelled against 2 Judges of this Court in the letter dated 20.03.2019 sent by him as State President of Maharashtra and Goa of the Indian Bar Association. We have also clarified that as far as Shri Rashid Khan Pathan, alleged contemnor no. 2, is concerned, the charge against him only relates to the scandalous allegations made against 2 Judges of this Court in the letter dated 19.03.2019 sent by him. As far as Shri Nilesh Ojha, alleged contemnor no. 3 was concerned, the only document against him was also the letter dated 20.03.2019which letter was not signed by him, but admittedly, he is President of the Indian Bar Association. We had given opportunity to Shri Nilesh Ojha to explain his position whether the letter dated 20.03.2019 was sent with his consent or under his authority.;