SUDHIR AGARWAL, J. - (1.) THIS criminal contempt has been registered pursuant to a reference made by Sri Om Prakash Goel, Additional District Judge (Retired)/President, District Consumer Forum, Kannauj vide letter dated 12.09.2010 forwarded by Hon'ble Bhanwar Singh (J), President, State Consumer Dispute Redressal Commission, U.P. through its Registrar's letter dated 04.01.2011 making complaint against contemnor Ashok Kumar Vaish, practicing in Civil Court, Kannauj, alleging that he misbehaved with President, District Consumer Forum, Kannauj while he was in discharge of his duties of the Forum and the allegations against contemnor do constitute a criminal contempt, as defined under Section 2(c) of Contempt of Courts Act, 1971 (hereinafter referred to as "Act, 1971").
(2.) WITH reference to complaint case no.F65/2004, which was transferred from Farrukhabad to Kannauj and renumbered as 47 of 2009, Sri Goel said that contemnor filed his Vakalatnama on 30.03.2010. On 08.09.2010, complainant's advocate argued the matter though contemnor did not appear. It was posted for judgment on 09.09.2010. In the afternoon, contemnor appeared and requested to notice his presence and that he argued the matter though actually he did not address the Court at all. He was permitted to sign the order sheet. He also filed an application that record of Insurance and claim, submitted by complainant with the Insurance Company is with him and the same may be taken on record. This application contained a date of 10th August, 2010, which was corrected as 8th September, 2010. He was informed that first of all he should take out relevant documents, prepare a list, and then serve a copy upon complainant else the same would not be taken on record. The order was dictated and the same was pronounced on 09.9.2010 allowing the claim of complainant for Rs.1,24,000/ - along with interest @ 6% p.a.
(3.) AFTER reading the order, Sri Vaish came to Dias and shouted in a very disgraceful manner. He said in the open Court that he was aware of the decision two days' before it was made known to the public, and this is against decorum of Forum. He blamed the chairman of District Consumer Forum of making fool of the public and said that he is stigma in the name of judiciary. He abused the Chairman of the Forum in open Court and also attempted to criminally assault and batter. At the time, all this was done by contemnor, Sri Ram Babu Rathore, President, Lawyers' Bar Association and other lawyers namely Sri Mahendra Bajpayee, Sri Kailash Chand Tripathi etc. were present. The activities of contemnor held up Forum's work for quite some time. Under Section 10 of Act, 1971, the power of High Court to punish for contempt of subordinate courts has been interpreted to include within itself all the Courts, judicially subordinate to High Court, even though administrative control over them under Article 235 of Constitution does not vest in the High Court, in view of the judgment of Apex Court in S.K.Sarkar, Member Board of Revenue, U.P., Lucknow Vs. Vinay Chandra Mishra, 1981 CrLJ 283. Hence the aforesaid reference made by President, District Consumer Forum, Kannauj was processed in this Court and examined by Committee constituted by Hon'ble the Chief Justice, which recommended for initiation of criminal contempt. It was approved by Hon'ble the Chief Justice on 09.7.2011. Consequently, this Court issued notice to the contemnor on 28.10.2014.;