SUDHIR NARAIN, J. - (1.) - This is one of the cases in contempt proceedings where a Judicial Officer is alleged to have been assaulted, humiliated and put to mental torture in the performance of his judicial function.
(2.) The factual matrix of the case is that Sri N. K. Jain, the complainant, (hereinafter referred to as the office was functioning as Judge Small Causes Court, Saharanpur at the relevant time. He had decided a case under Section 21 of the U.P. Uran Buildings Regulation Act registered as P.A. case No. 33 of 1993, Nisar v. Anwar. Irfan is alleged to have filed an application for setting aside the said order. This application was rejected on 16-4-1993. It is further alleged that on 17/04/1993 Sri satendra Singh Tomar, the contemner, appeared before the officer with an application that the process for ejectment of the applicant in P.A. Case No. 33 of 1993 be recalled from the executing authority concerned. To put in the words of the complainant-officer on Saturdays regular work was not taken up because lawyers used to observe each Saturday as strike day as part of their campaign for the establishment of a Bench of High Court in the Western district. Sri Satendra Singh Tomar, Advocate, (hereinafter referred to as contemner) entered into his chamber and requested that his application in P.A. case be heard on the same day. At that time Sri Kulbhushan Gupta, Panel Lawyer (Criminal) attached with his Court was also present in the chamber. The officer moved to his Court room after the record was brought to the Court from the office by the clerk concerned, namely, Sri Praveen Kumar Sharma. The officer occupied his seat at the dais and scrutinised the papers of P.A. case No.33 of 1993. He did not find power (Vakalatnama) of Sri Satendra Singh Tomar on the record. The application which was brought for orders, was signed by another Advocate namely Sri Anwar Ali who was not present in the Court room. Sri Satendra Singh Tomer was pointed out this omission and he promised to file Vakalatnama in the midst of the arguments. The officer, after hearing him, dictated the detailed order rejecting his prayer at the dais itself and retired to his chamber and thereafter the following incidence took place as stated in paragraphs10,11, 12, and 13 of the complaint made by the officer, which reads as under :- "10. That in the meantime the aforesaid contemner snatched the entire case record and steno notebook from the steno of the petitioner, namely, Shri Pradeep Kumar Mittal and without any permission entered the chamber of the petitioner shouting that if the personal work of the lawyer will not be done he will teach a lesson to the petitioner. This behaviour of the contemner was an act to bring into disrespect the judicial system and the dignity of the Court.11. That not only this, the contemner thereafter assaulted the petitioner causing bodily injuries and dashing the petitioner on the ground throwing to winds the entire judicial dignity which is the only asset of a judicial officer. That the contemner's contemptuous behaviour could not rest even then and he also tore the judicial record and shirt of the petitioner by grabbing the petitioner's collar.12. That in the meantime petitioner's staff members, namely, Sarvasri Praveen Kumar Sharma, Pradeep Kumar Mittal Mango Bal Singhal, Rampal and Seth Pal, orderly, peon reached there and petitioner was rescued. In the process of rescuing the petitioner from the contemner Sri Praveen Kumar Sharma also received injuries. The wristwatch of the contemner also fell down on the ground in the chamber which could have been a valuable evidence of this sorry episode.13. That afterwards when Sri Rajendra Chand, Additional District Judge, Sri R. N. Verma, Additional District Judge, Sarvasri S. P. Tiwari, N. K. Bahal, N. A. Zaidi (All Addl. Civil Judge), O. P. Tiwari, and Laxmi Chand (Addl. C. J. Ms) reached in my chamber and were deliberating the matter, when the contemner, aware of the fact, as a lawyer he is, that his wristwatch has been left in the chamber of the petitioner which could incriminate him, rushed inside the petitioner's chamber accompanied by another lawyer, Sardar Surendrapal Singh, and forcibly took away his wrist watch and the stenographer's notebook containing the order which was dictated against him and mentioned above in paragraph 9. The contemner removed the pages containing the relevant order from the stenographer's notebook and threw the notebook with the Reader."
(3.) The officer on the same date reported the matter to the Districtand Sessions Judge, Saharanpur requesting him to take necessary action in the matter and provide him with the security. He also got, on the same date, examined himself by a doctor of District Hospital, Saharanpur. Sri Praveen Kumar Sharma was also examined in the hospital who had also received injuries. The next day i.e. on 18/04/1993 he submitted a reference to the Registrar, High Court of Judicature at Allahabad requesting that the matter may be placed before this Court to draw contempt proceeding against the contemner under Section 2(c) of the Contempt of Courts Act, 1971 with the allegations referred to above. On 21-4-1993 he also sent the affidavits sworn by Sri Mangoo Lal Singhal, Reader, Sri Pradeep Kumar Mittal, Steno, Sri Praveen Kumar Sharma, Ahalmad, Sri Rampal, Ardali, Sri Seth Pal Sharma, Peon and the affidavit of Sri Kulbhushan Gupta, Panel Lawyer (Criminal). The matter was placed before the then Hon'ble Chief Justice and the matter was directed to be placed before the Court exercising the jurisdiction in criminal contempt matter.;