M. Katju, A.C.J and S. Ambwani, J. - (1.) -Heard Sri Murlidhar, learned senior advocate appearing for the contemnor Shashi Kumar Tyagi, advocate, Ghaziabad, Sri C. L. Pandey and Sri Rajendra Kumar, learned advocates appearing for the contemnor Rajiv Sharma, advocate, Ghaziabad.
(2.) THIS reference has come before us for taking proceedings under the Contempt of Courts Act on the basis of a report dated 1.6.1999 of Sri Vinod Kumar, IIIrd Additional Civil Judge (Junior Division), Ghaziabad made to Sri R. P. Misra, District Judge, Ghaziabad. The District Judge, Ghaziabad, forwarded the said report to this Court along with his letter dated 4.6.1999. The letter of Sri Vinod Kumar, IIIrd Additional Civil Judge (Junior Division), Ghaziabad dated 1.6.1999 addressed to the District Judge, Ghaziabad, reads as follows : ...[VERNACULAR TEXT OMMITED]... On the basis of the aforesaid report of Sri Vinod Kumar, IIIrd Additional Civil Judge (Junior Division), Ghaziabad, dated 1.6.1999 and the letter of the District Judge, Ghaziabad to this Court dated 4.6.1999 the Joint Registrar (Contempt) submitted a note which reads as follows : "JOINT REGISTRAR (COMPUTER/COnTEMPT) May kindly see letter dated 4.6.1999, placed below, of the District Judge, Ghaziabad, forwarding contempt reference dated 1.6.1999 along with enclosure received from Sri Vinod Kumar, IIIrd Additional Civil Judge (Junior Division), Ghaziabad, for taking action against Sri Shashi Kumar Tyagi, Advocate/ Secretary, Bar Association, Ghaziabad and Sri Rajeev Sharma, advocate under contempt of court. A bare perusal of aforesaid reference reveals that on 31.5.1999 being closing day of civil work, Sri Vinod Kumar, IIIrd Additional Civil Judge (Junior Division) was busy in hearing a number of civil suits in his court room. Out of there one Original Suit Bearing No. 481 of 1999-Devendra Kumar v. Somnath was presented for relief of permanent injunction and Sri Rajeev Sharma, advocate appeared on behalf of the plaintiff for hearing in the case. On the same day at about 3.25 p.m., while Sri Vinod Kumar, IIIrd Additional Civil Judge (Junior Division) was studying all the files in his chamber for want of dictation to his steno, Sri Shashi Kumar Tyagi, Advocate/Secretary Bar Association, Ghaziabad, reached in the chamber of Sri Vinod Kumar and without permission occupied chair and said that at any cost, stay order be granted in the case of Devendra Kumar v. Somnath on account of reason that Sri Rajeev Sharma was his friend. Sri Shashi Kumar Tyagi, advocate took out one bundle of rupees from his pocket and offered same to Sri Vinod Kumar. Sri Vinod Kumar became astonished about conduct of Sri Tyagi as it was wrong. He ordered him to leave room at once. After some minutes, Sri Shashi Kumar Tyagi, advocate along with Sri Rajeev Sharma, advocate again reached in chamber of Sri Vinod Kumar without permission and threatened in loud voice that ""????U ?� ??� ?...[VERNACULAR TEXT OMMITED]... These facts have been also recorded in the relevant file of the case of which photocopy is enclosed for ready reference. As reported by Sri Vinod Kumar, IIIrd Additional Civil Judge, both these advocates tried to interfere in the Court's functioning by way of pressuring adversely as well as threatening and offering allurement to the Presiding Officer which amounts to lowering the dignity of the Court as well as the Presiding Officer. Thus, they would come under purview of the contempt of court as per provision of Contempt of Courts Act, 1971. The file is submitted for kind perusal and orders."
(3.) A perusal of the above shows that the allegations are that on 31.5.1999 at about 3.25 p.m. while Sri Vinod Kumar, IIIrd Additional Civil Judge (Junior Division), Ghaziabad, was studying the files of certain cases including Original Suit No. 481 of 1999, Devendra Kumar v. Somnath in his chamber the contemnor Sri Shashi Kumar Tyagi, Secretary, Bar Association, Ghaziabad, entered his chamber without his permission and occupied a chair and said that he (Sri Vinod Kumar) would have to grant a stay order in the case of Devendra Kumar v. Somnath. It was further alleged that the contemnor Sri Shashi Kumar Tyagi, advocate took out a bundle of rupees from his pocket and offered the same to Sri Vinod Kumar. At this Sri Vinod Kumar was astonished and told him that what the contemnor was doing is wrong and he ordered the contemnor to immediately leave his chamber. The contemnor Shashi Kumar Tyagi again alleged that in any event Vinod Kumar had to grant a stay order in this case. Thereafter at about 3.40 p.m. the contemnor Shashi Kumar Tyagi along with Rajiv Sharma, advocate entered the chamber of Sri Vinod Kumar, IIIrd Additional Civil Judge (Junior Division), Ghaziabad, without his permission and in a loud voice threatened him and said that he would have to grant stay in the case. They also said that there are many complaints against Sri Vinod Kumar and they would make complaint to the High Court and the Supreme Court in this connection and get him suspended and dismissed. They also threatened that if Vinod Kumar wanted to live in Ghaziabad he would have to act in accordance with the directions of the Office Bearers of the Bar Association and would have to accept their recommendations, otherwise it would not be good for him. When Sri Vinod Kumar told him to leave his chamber, they again threatened him and told that he would not be allowed to live in Ghaziabad.;