- (1.) Present contempt proceeding has its genesis in the Reference made to this Court by Sri Husain Ahmad Ansari, Civil Judge (J.D.) Court No. 10 Deoria for initiation of proceeding under Section 2(c) of the Contempt of Court Act, 1971 punishable under Section 12 of the Act. Upon receipt of reference, it would appear, the matter was processed by the office and initially, the matter was placed before the Administrative Judge Deoria who opined in the following words. Recommended for initiation of contempt proceedings as prayed.
(2.) The matter, thereafter, was processed and placed before Hon. Chief Justice who appended the approval vide order dated 21.7.2006 and it is in this backdrop that the matter came to be referred on judicial side and notices were initially issued to three persons namely Sanjay Kumar Singh, Ram Prasad Kushwaha and Shekhar Gupta Advocates. Subsequently, by means of order dated 20.11.2006 the notice issued against Chandrashekhar Gupta was recalled and the matter was ordered to be listed on 18.12.2006 for framing of charges against the contemnors Sanjai Kumar Singh and Ram Prasad Kushwaha. The charges were framed vide order dated 18.12.2006 by the Bench consisting of Hon. S.S. Kulshrestha and Hon. A.K. Roopanwal.
(3.) The charges framed against the contemnors may be abstracted below. Firstly, that on 31 May 2006 Sri Hussain Ahmed Ansari, Civil Judge (Junior Division) Deoria was the Presiding officer of Court no. 10. On that date 93 cases were listed in that court. He disposed of a large number of cases and injunction applications were also taken up buy him from 6.30 am to 12.30 p.m. When he retired in his chamber, it was at about 2 p.m. He was looking into the application 6 C moved in suit No. 1110 of 2006, Smt. Pushpa Devi v. Anil Kumar. You entered in his chamber without taking permission and you both (Sri Sanjai Kumar Singh and Sri Shekhar Gupta) threatened the Presiding officer by making objectionable gestures and asked him to modify the order passed in O.S. No. 1072 of 2006 Pradeep v. Sitaram and thereby committed contempt of court punishable under Section 2C of the Contempt of Court Act 1971. Secondly, that when the Presiding officer declined to modify his order passed in O.S. No. 1072 of 2006 Pradeep v. Sitaram and told you that if you are aggrieved with the order may assail it in higher court in the competent forum, on it you made allegation against stenographer of that court that he demanded Rs. 10,000/-. As such allegation of demanding Rs. 10,000/- was only to scandalize the court and lower its dignity and also to lower the authority of the court, thus you have hereby committed contempt of court punishable under Section 2C (1) of the Contempt of Court Act 1971. Charges have been read over to the contemnors, they may file their counter affidavit within four weeks.;