- (1.) This is an appeal by special leave from a judgment of the Bombay High Court finding the appellant, who is an Advocate, guilty of contempt of court and sentencing him to simple imprisonment for a term of four weeks and a fine of Rupees 1,000/- It was directed that in default of payment of the fine he would have to undergo simple imprisonment for a further period of four weeks. He was also ordered to pay the costs of the Assistant Government Pleader in the High Court and the Government Pleader before the Sessions Judge.
(2.) The material facts may be stated: In March 1966 a suit was filed against the appellant by D. N. Santani who is also an Advocate for recovery of Rs. 640/- in the Court of the Civil Judge, Junior Division, Kalyan .The plaintiff in that suit had engaged H. I Jagiasi as his Advocate. In the written statement filed by the appellant he made certain allegations against Jagiasi and alleged inter alia that the latter was responsible for the suit, Jagiasi filed a criminal complaint for defamation in August 1966 against the appellant in the Court of Shri P. D. Sayyid, Judicial Magistrate at Kalyan. The appellant has set out number of incidents and matters in his petition for special leave to appeal which it is not necessary for our purpose to mention.It would suffice to say that on October 15, 1966 the appellant filed an application before the Judicial Magistrate saying that he intended to apply for transfer of the case to some other court. On October 28, 1966 he presented a transfer application in the court of the Sessions Judge. Thana. The transfer application was ultimately dismissed by the Assistant Judge and Additional Sessions Judge on March 8, 1967 before whom it came up for disposal. Meanwhile it apperas that the appellant applied for transfer of the civil suit which had been filed by D. N. Sentani to the court of the District Judge The suit was stayed and we have been informed that ultimately it was transferred sometime in the year 1967 from the court of Shri M. B. Baadkar from whose court transfer was sought. It has further been stated at the Bar and that statement has not been challeged that the civil suit was ultimately dismissed in August 1969.
(3.) While dismissing the transfer application of the appellant in the criminal complaint filed by Jagiasi in the court of Shri P. D. Sayyid the Additional Sessions Judge recorded an order that a report be submitted to the High Court for considering the conduct of the appellant and the course adopted by him in making the transfer application and in making imputations or aspersions against the Judicial Officers and to take action for contempt of court under S.3 (2) of the Contempt of Courts Act, 1952, hereinafter called the 'Act'. This was done after reproducing there paragraphs from the transfer application and expressing an opinion that the appellant had attempted to attack the integrity and honesty of the courts of the judicial Magistrate and the Civil Judge and to scandalize and to malign the same. The High Court made an order on December 1, 1967. The following part of that order may be reproduced: "He made an application to the Sessions Judge of transfer of the proceedings to another Court and the ground objected to by the learned Sessions Jude is as follows: "The Magistrate below is on friendly relations with the complainant the respondent No. 1 in the present petition and he even enjoys the hospitality of the respondent No. 1 some times alone and some times in company of the Civil Judge J. D. Kalyan (Shri M.B. Baadkar) Who is also on friendly relations with the respondent No. 1 and who also enjoys the hospitality of the respondent No. 1". The learned Sessions Judge had called for report from the Magistrate Mr. P. D. Sayyed and was apparently satisfied after consideration of all the affidavits produced before him that the allegation was baseless. He, therefore, referred the matter to this court for suitable action being taken against the respondent-Advocate for his making such allegations and interfering with the course of justice and scandalising or maligning the Courts below." It was further Stated in that order that the appellant had asked for an opportunity to establish the truth of the allegation made above which had been made both "because of his personal knowledge and also because of information obtained from others." A list of witnesses was furnished by the appellant whom he proposed to examine. The High Court directed the District Judge to record the evidence and to submit his report along with the evidence and the reports of the two judges. It was expressly stated that the inquiry was to be confined to the allegations which had been quoted above. The show cause notice which was issued to the appellant by the High Court (omitting unnecessary portions) was as follows: "Whereas" upon reading letter No. 2434 dated 5-4-67 forwarded by the 2nd Addl. Sessions Judge. Thana along with the Record and proceedings of Cri. Transfer Application No. 108/66 on his file and the Recored and Proceedings in Cri. Case No. 2949 of 1966 of the Court of the Judicial Magistrate, F.C. Kalyan, requesting to take action under the Contempt of Courts Act against the Advocate Mr. G. L. Bhatia, who has made serious allegations against the Judical Officers Shri Baadkar and Shri Sayyed in Transfer Cri. Application No. 108/66 in para one in the Court of the 2nd Addl. Sessions Judge, Thana etc. And whereas this Court has on 15th June 1967, passed the following order. "Notice to Mr. Bhatia Advocate to show cause why action for contempt of Court should not be taken against him. Notce to G. P. also. A copy of D. J.'s letter to be sent to Mr. Bhatia along with the notice.";