Imtiyaz Murtaza, J. - (1.) PRESENT contempt proceeding emanates from the reference made by Sri Himanshu Bhatnagar, the then Chief Judicial Magistrate, Ghaziabad with accompanying letter of the District Judge dated 11.5.2007 studded with the request for initiation of contempt proceeding against the contemnors, namely Shailendra Sharma and Nahar Singh Yadav, advocates, Civil Courts, Ghaziabad.
(2.) THE abridged version as encapsulated in the reference made to this Court is that the application for surrender bearing No. 176 of 2007, State v. Shiv Kumar, P.S. Modi Nagar had been moved before the Addl. Chief Judicial Magistrate VIII, Ghaziabad which subsequently came up before the Chief Judicial Magistrate on 16.5.2007. The aforesaid application was fixed for 17.5.2009 on which date the contemnors put in appearance and demanded early hearing attended with prayer to summon the case diary. However, the officer in his discretion posted the matter for 21.5.2007 for disposal of the application attended with the order to summon the case diary. However, adjourning the application to 21.5.2007 was not relished by the contemnors. It would further transpire that as soon as the officer retired to his chamber after finishing the Court work, the contemnors followed him and entered the chamber indulging in name calling and using vituperative language. To be precise, one of the contemnor namely, Shailendra Sharma caught hold of the hands of the officer while contemnor Nahar Singh Yadav tried to bolt the door of the chambers. Sensing trouble, the Presiding Officer rushed back to Dais and sat in the Court. In the meanwhile, Senior Administrative Officer of the Judgeship was sent for, who came there and took the two lawyers to the chambers of the District Judge. After about 10 to 15 minutes, the two lawyers again came to the chamber of the officer and indulged in abrasive behavior using disrespectful, impolite and discourteous and un -parliamentary language against the officer. It is precisely stated that on their return again, the precise words used by the contemnor Nahar Singh Yadav against the officer were to the effect: Tu mujhe yahan nazar andaz kar ke kam nahi kar payega. Adhivakta ke alava mere aur bhi bahut se dhande hain. Mera yahan pata bhi nahi payega. Use jail vail say koi dar nahi hai aur voh to pahle kitne hi mukdamon mein band ho chuka hai. The precise words uttered by contemnor Shailendra Sharma are to the effect: Use kisi awmanana ki karvahi se koi dar nahin lagta uske upar 4 awmanana ki karvahi chal chuki hai jo aapse ban pade kar lo. It is further stated that the contemnor Nahar Singh also threatened the officer to kill him. On 21.5.2007, it would transpire, the matter was put up before the Administrative Judge, Ghaziabad who appended the following remarks: Approved for action in contempt. Place before Hon. C.J.
(3.) HON . Chief Justice vide order dated 20.2.2008 appended approval to the reference with the direction to list the reference before the Appropriate Bench. It is in this conspectus that the matter has come up before the Bench.;