- (1.) THE genesis of present contempt proceeding is the report made by Sri R.P.Saroj, the then Addl. Chief Judicial Magistrate/Civil Judge (S.D.) posted at Chandausi, an outlying court of Moradabad Judgeship vide letter dated 4.9.2006 with accompanying letter of District Judge dated 7.9.2006 containing reference for initiation of contempt proceeding under section 2 (c ) of the Contempt of Court Act, 1971 against Harish Babu Gupta Advocate arrayed as contemnor herein.
(2.) UPON receipt of reference, it would appear, the matter was processed by the office and initially the matter was referred to Administrative Judge Moradabad who opined that contempt proceedings be instituted in the matter vide comments of Administrative Judge, dated 3.10.2006 which are excerpted below. "May his Lordship like to initiate contempt proceedings in view of conduct of the Advocate at (A).." The matter thereafter went ahead to the end of Hon. Chief Justice who appended his approval vide order dated 19.10.2006 and thereafter, the matter came to be referred to on judicial side and the same was admitted by the Division Bench and notice was issued. The charge was framed by the Bench on 16.1.2007 and served to the contemnor.
(3.) A brief resume of events leading to submission of report containing Reference made to this Court for initiation of contempt against the contemnor is that on 4.9.2006 while the officer was busy hearing Criminal case No. 436 of 2005 State v. Kushal Pal Singh and in the midst of hearing, when his attention was adverted to the fact that one of the witnesses of the prosecution had come, he ordered the case to be taken up at 12.40 pm. At the given time, when the court was busy recording statement of the witness, the contemnor entered the court room and interrupted the proceeding of the court stating that his case namely, suit no. 3/2006 Smt. Usha Rani v. Jitender be taken up. When the Presiding officer asked him to wait for completion of statement which was in the process of being recorded, the contemnor got annoyed and made certain remarks which tended to scandalize the authority of the court and undermined its dignity. The words uttered by the contemnor are excerpted below. "Apko meri patravali main pahle sunwai karni hogi. Tumeh jaisa Mein Kahtah hun vaisa Karna Padega. Pata nahi kaise High Court Adhikari Ki Niykuti Kar Deta Hai. Mere Naam Se Adhikari Darte Hai. Mera koi kutch nahi bigad sakta hai. Main bahut Shikayati hoon. Mool Vad Sankhya 67/04 Ish Kumar Malhotra vs. uttar Pradesh Raj Vidyut Board Me Tumeh mere Paksh mein Aadesh karna Padega. Aap Anusuchit Jaat Ke Hai. Aap apni Aukat Main Rahe. Pata Nahi Kaise Aap Ki Niyukti Ho Gaye Hai." ;