- (1.) This common Judgment disposes of Criminal Contempt Case Nos. 16 of 1999 and 19 of 1999 which were initiated by us vide our order dated 24-3-1999, which reads thus :- "Sri S.S. Nimesh. I/C District Judge, Azamgarh sent letter dated March 15, 1999 to the Registrar of this Court which reads thus :-"It is to be brought to the knowledge of the Hon'ble Court that today at 11.30 A.M. when I was on the dais and delivered judgment in Sessions Trial No. 377 of 1986 State v. Basudeo and others under Sections 302/34 and 323/34 I.P.C. of Police Station Ataraulia District Azamgarh Sri Swami Nath Yadav advocate along with his Juniors Sri Shivdutta Yadav, Prabodh Yadava, Rajkumar Yadava and Sorakh entered the Court-room and became hot-tempered. After delivery of Judgment, I went in my Chamber. Swami Nath Advocate and his juniors followed me in my Chamber and when my Reader Sri Bechu Ram requested them not to enter the Chamber in violent manner and to get pacified, Sri swami Nath and his juniors forcibly dragged my Reader hurling abuses and entered the Chamber, where they tried to throttle me, pressing my throat by hands in presence of my P.A. Sri Shiv Shanker Maurya and the orderly peon Sri Paras Nath who intervened in the matter and then anyhow my life could be saved.Sri Swami Nath and his juniors crossed the limit of violence and they forcibly took away the original judgment of the aforesaid Sessions Trial from the custody of my Reader, copy of which is available with the Reader. This way, today Sri Swami Nath and his juniors took the law in hands.It is, therefore, requested that the aforesaid facts may kindly be placed before theHon'ble Court and in the said violent circumstances the safety and security of the Judicial Officers and the members of the staff of Azamgarh Judgeship be ensured and necessary action against the culprits may be taken.Submitted for immediate action.Yours faithfully,(S.S. Nimesh),I/C District Judge, Azamgarh."This matter has been placed before us by the office pursuant to the following order dated 23-3-1999 passed by Hon'ble the Chief Justice :-"Let the matter be placed before the Bench presided over by Hon'ble Mr. Justice B.K. Roy. It is expected that considering the gravity of the situation the matter would be dealt with as an urgent one."The facts reported to by Sri Nimesh speak for themselves.We are thus, prima-facie of the view that the Advocates aforementioned have committed grossest criminal contempt of Court not only once but twice (i) Firstly when Sri Nimesh after delivery of the judgment at 11.30 A.M. of 15/03/1999 (sic went) to his Chamber despite being told by his Reader Bechu Ram not to enter the Chamber and forcibly dragging him and hurling abuses and subsequently forcibly taking away the original judgment from his custody and (ii) Secondly when they tried to throttle Sri Nimesh in his chambers by pressing his throat by hands in presence of his P.A. Sri Shiv Shanker Maurya and the orderly peon Sri Paras Nath who had intervened and then his life could be saved any how.It is well known that Bar is another wheel of the chariot called administration of justice. The members of the Bar are described as officers of the Court. If the officers of the Court behave in such a way what will happen to the administration of justice?Accordingly, exercising our powers as a Court of Record under Article 215 of the Constitution of India, we call upon the aforementioned Advocates to show cause as to why they should not be held guilty of committal of criminal contempt ?, and if we come to a conclusion ultimately that they are guilty of committal of criminal contempt why they be not punished suitably?, apart from reporting their conduct to the U.P. State Bar Council for taking appropriate disciplinary action against them.We also issue notice to the State of U.P. through its Chief Secretary as to what action it intends to take to prevent recurrence of such incident in future concerning the Judicial Officers of this State and particularly in regard to the Judicial Officers of the Azamgarh Judgeship and their staff.We also request the Advocate General of the State to assist us.From the materials on the record it appears that by launching a First Information Report by Sri Nimesh the criminal laws have already been set in motion against the Advocates aforementioned and thus we, for the present, do not consider expedient to pass any further order in regard to them except those already mentioned as above.The Rule is made returnable at 10 A.M. of Tuesday dated the 6/04/1999.We are making clear that the contem-ners are also required to be present personally at 10 A. M., along with their show cause, if any.Let notices issue forthwith to the contemners and be served on them through the Chief Judicial Magistrate, Azamgarh or in his absence through any one holding his charge.The office is also directed to serve a copy of this order forthwith in the office of the Advocate General of the State.Sd/- Binod Kumar Roy, J.Sd/- M.C. Jain, J."
(2.) The Chief Judicial Magistrate, Azam-garh reported that notices of these proceedings were served on Sarvsri Swami Nath Yadav, Shiv Dutt Yadav, and R.K. Yadav through the Police Station and on the remaining two through Sri Swami Nath Yadav, Sr. Advocate.
(3.) On 6/04/1999, the contemners were produced by the police authority. Sri D.N. Wali an aged Advocate of this Court, came up with a prayer for adjournment on the ground that he is going to appear on behalf of the contemners by filing their Vakalatnama and will file the show cause after obtaining certain documents which are being considered necessary to prepare an effective show cause, which the contemners could not obtain earlier on account of being lodged in jail. We accordinglyadjourned these proceedings to 6/05/1999.;