- (1.) This appeal has been filed under Section 19 of the Contempt of Courts Act, 1971 (hereinafter referred to as "the Act") against the judgment and order dated 17.08.2007 passed by the High Court of Judicature at Allahabad in Criminal Contempt No. 13 of 2006, by way of which the High Court has convicted the appellant for committing the contempt of court under Section 12 of the Act and sentenced him to suffer simple imprisonment for one month and to pay a fine of Rs.2,000/- in default, to undergo simple imprisonment for a further period of two weeks.
(2.) On 5.9.2005 the appellant moved an application to surrender Chhandra Pal @ Badara s/o Shri Mathura under various sections of the Indian Penal Code in pursuance of the order passed under Section 82 of the Code of Criminal Procedure (for short "the Code") by the learned Judicial Magistrate. As the offences mentioned in the application and the process issued under Section 82 of the Code were different, the court asked a report from the police station concerned fixing the next date for disposal. About 3.45 p.m., when the Presiding Officer of the Court was in the midst of dictation of the order to his stenographer in another case, i.e., Original Suit No. 200/90 titled Balraj V. Rangpal, the appellant came inside the Court and shouted loudly uttering as under: - "As to why you did not take my accused in judicial custody. You have passed arbitrary orders. Now, my accused would be arrested and he would be encountered. You have done injustice. I will see you. If you have your official force I am also having my own force."
(3.) Apart from the aforesaid loud threatening utterances the appellant had also used unparliamentary language for the said Judicial Officer. The Judicial Officer sent a complaint to the High Court against the appellant through proper channel, the cognizance of which was taken by the High Court, first on administrative side and, thereafter, on judicial side. After hearing the parties, the High Court framed the charges against the contemnor on 6.10.2006 in respect of this incident dated 5.9.2005 at Khaga Court, District Fatehpur, using abusive language to Abdul Qayum, learned Civil Judge, (Junior Division/Judicial Magistrate, Khaga, District Fatehpur) and interrupted him from working and shouting loudly while he was dictating the order to his stenographer in other case. To the said charge-sheet, the appellant filed the counter affidavit dated 20.7.2006 denying all the allegations made in the report of the Presiding Officer. However, at a later stage by filing an affidavit dated 14.11.2006 he tendered unconditional apology to the court. The matter was heard at length. The High Court discussed the entire facts and law and came to the conclusion that it was not a fit case wherein unconditional apology tendered by the appellant should be accepted and, thus, considering the gravity of the charge against him, he had been convicted and sentenced as referred to hereinabove.;