- (1.) This Contempt Application (Criminal) has been registered pursuant to a reference made by Shri Saeed Uz Zaman Siddiqi, the then District Judge, J.P. Nagar at Amroha vide his letter dated 5th May 2010, informing this Court about certain activities of contemnors Sompal Singh, Hem Singh Arya and C.S. Gole, which took place on 6th March 2010.
(2.) On 6th March 2010, while record of the Courts was being shifted from old building, in the heart of city, to the newly constructed buildings, certain Advocates created ruckus impeding shifting work. In the meantime, C.S. Gole, Advocate, who was also Secretary, Bar Association, J.P. Nagar, with the avowed object of occupying chambers constructed for Advocates without any formal allotment in this regard, invited certain political personage, including contemnors, namely, Sompal Singh and Hem Singh Arya to hold inaugural function, who on that date delivered most bellicose speech which incensed lawyers further to intensify their ongoing agitation. The District Judge also stated that Shri Radha Krishna, Additional District Magistrate, J.P. Nagar and Kumar Singh, Additional Superintendent of Police, J.P. Nagar had cooperated with the aforesaid political personages by escorting them to the Court premises and facilitated them in delivering bellicose speech supporting agitation of lawyers, hence, they are also liable to be proceeded against under the Contempt of Courts Act.
(3.) The matter was placed before Administrative Judge, J.P. Nagar. On 05.10.2010, he recommended the matter to be placed before Hon'ble the Chief Justice for forwarding it to appropriate Court for initiating contempt proceedings against Sompal Singh, Hem Singh Arya and C.S. Gole, but did not approve proposal in respect to Shri Radha Krishna and Shri Anil Kumar Singh, district officials. After approval of Hon'ble the Chief Justice on 26.10.2010, this matter was registered as Contempt Application (Criminal) No. 21 of 2010 and on 10.11.2010, was placed before a Division Bench which opined that the three contemnors have prima-facie committed criminal contempt by satisfying ingredients of Section 2 (c) of the Contempt of Courts Act, 1971 (hereinafter referred to as 'Act' for short) and consequently issued notices to them to show cause why contempt proceedings be not initiated by framing charge against them. The actual information conveyed by District Judge with respect to the action of contemnors and others, it would be useful to reproduce hereto: "That the new Civil Court Complex was constructed in a workable condition. The Hon'ble High Court sanctioned Budget for shifting of the newly constructed Civil Court Complex. It was a herculean task to shift the Civil Court consisting of 12 functioning court and offices, without interrupting the working. It was decided to shift in the evening of Saturday March 06, 2010 so that the staff may settle down the offices and Courts on Sunday March 07, 2010 so as to ensure uninterrupted and smooth functioning of the Courts on March 08, 2010." "That the Lawyers led by Sri Kripal Singh and Sri Chain Sukh Gole, the President and Secretary, District Bar Association, resisted the shifting process by burgling into the old court complex in the night of March 06,2010. But their obstruction was foiled by the staff and officers of the Judgeship. That the staff members have reported this incident against 41 Advocates. That the Courts running in the erstwhile court of Munsif, Amroha, were situated in a busy market in the heart of the city, that too, in narrow lanes and bye-lanes. The shifting process could not take place during the day time as heavy traffic, truck-loads cannot pass through during working hours. Secondly, that, as District Judge, I had to ensure that Court working should not be disturbed even for a moment." "That after shifting of the courts some of the advocates including contemnor no. 3 burgled into the New Court Premises on march 07,2010 and abused the staff, broken open the locks and attempted to destroy the court records and could be controlled only by the dutiful staff of the Court. The CHOWKIDAR had to lodge an F.I.R. At P.S.Amroha Dehat against 9 advocates." "In furtherance of the above referred acts of hooliganism and slanderous slogan shouting against the District Judge & Other judicial officers of the judgeship, the Secretary of Bar Association contemnor no. 3 invited two political persons i.e. Contemnor no. 1 & 2 to launch a formal inauguration of advocate chambers on the land which was not allotted to them. The said political persons added fuel to the fire and further incensed the atmosphere by pledging full fledged support to the advocate in their ongoing agitation (Relevant Paper cutting & photograph are being annexed, herewith, annexure no. 1 & 2.";