Vinod Prasad, J. - (1.) Smt. Alka Rai,widow of slained Bhartiya Janta Party MLA Krishna Nand Rai from Mohammadabad Constituency, district Ghazipur and herself an Ex. MLA, has knocked the door of this court under Contempt of Court's Act, 1971( herein after referred to as the Act) through instant Criminal Misc. Contempt Application, clamouring and praying that opposite party Miss Mayawati, Chief Minister of the State of U.P., be punished under section 12 of the Act for committing criminal contempt as is defined under section 2 (c) (ii) of the Act by making such a scurrilous speech in a public rally favouring Mukhtar Ansari, an accused murderer of her slained husband,which "scandalises and lower the authority of the court" and "interferes or tends to interfere with due course of judicial proceeding" of S.T.No. 253 and 254 of 2006, relating to crime number 589 of 2005, U/S 147,148,149,302,307,404,120B , IPC and 7 Criminal Law Amendment Act , PS Bhawarkol, district Ghazipur.
(2.) Preceding input facts generating instant contempt application,unfolded briefly and gathered from the pleadings made in the instant Application are that by hatching up a criminal conspiracy Mukhtar Ansari, a MLA from district Mau and Afzal Ansari,a member of Parliament, from Ghazipur, got murdered husband of the applicant on 29.11.2005 at 2.45 p.m. regarding which an FIR, annexure no. 1, was lodged by Ram Narayan Rai, elder brother of the deceased, at police station Bhawarkol, as crime no. 589 of 2005, under Sections 147, 148, 149, 307, 302, 404, 120-B I.P.C. and 7 Criminal Law Amendment Act same day at 5.25 p.m. Six persons including Mukhtar Ansari and Afzal Ansari were arrayed as accused in that FIR along with 7 and 8 unknown persons.
(3.) Usual investigation ensued after registration of crime concluded in submission of two charge sheets against accused including aforesaid two Ansaris on 21.2.2006 and 15.3.2006. Not being satisfied with the investigation conducted by the local police, applicant widow Smt. Alka Rai approached this court through Crl. Misc. Writ Petition No. 1552 of 2006 for getting the investigation of the aforesaid murder transferred to some independent agency. This court allowed her prayer and vide order dated 23.5.2006, investigation in respect of Krishna Nand Rai murder was transferred to CBI. In pursuance of the order by this court State of U.P. also issued notification on 27.7.2006 facilitating investigation by CBI. CBI, after being anointed with investigatory power by this court, registered R.C.8.S/2006/SCB/New Delhi, investigated the offences and concluding the same laid three charge sheets on 31.8.2006, 12.12.2006 and 22.3.2007 in the court of Special Judicial Magistrate, Lucknow.;