- (1.) Sri Rajveer Singh, Judicial Magistrate, Auraiya (hereinafter referred to as the "Presiding Officer") vide reference dated 15.01.2005 placed on record the activities of Sri Ajay Kumar Pandey, Advocate (hereinafter referred to the "Contemnor"), shown in the court on 15.01.2005 which according to him, constitutes criminal contempt and, therefore, a request was made to take appropriate action against Contemnor. The reference was forwarded by District Judge, Auraiya vide endorsement dated 21.02.2005. He alleged that on 15.01.2005 at about 1.15 pm when the Presiding Officer was doing judicial work, the alleged Contemnor pressed upon him to decide application No. 131 of 2004. The Presiding Officer stated that Contemnor has shown non confidence in the integrity of Court and, therefore, he (Presiding Officer) has written to the District Judge, Auraiya for transfer of said application to some other Court. Hearing it the Contemnor started shouting in the open Court and threatened the Presiding Officer in various ways. The actual contents of the reference letter dated 15.01.2005 reads as under: 588272-1 " Sri Ajay Pandey began to shout, "You will have to hear and dispose of this application in my favour today itself, otherwise you will also meet the same fate as of Bachhu Singh and I will get you too suspended/ terminated". He used derogatory language, even mention of which is against dignity. On my saying, "Mr Ajay Pandey, you are doing contempt of the court.", Sri Pandey phumping the table (dais) shouted, "If you have guts, write to the High Court and see what happens and what harm the High Court can do to me". With intervention and great efforts of Court Moharir, A.P.O. and other counsels Sri Ajay Pandey walked out giving threats. Holding out threats to this court and the Hon'ble High Court and shreiking loudly Sri Ajay Pandey has undermined dignity and authority of the court among litigants present in the court." (English translation by the Court)
(2.) The Hon'ble Chief Justice has approved the matter to be placed on judicial side before the Bench dealing with criminal contempt on 02.09.2005 and thereafter the Court admitted and issued notice to Contemnor on 19.09.2005. The Contemnor put in appearance and raised various objections before the Court including that the contempt petition is not maintainable. He pleaded that as per Section 17 of Contempt of Courts Act, 1971 (hereinafter referred to as the "Act, 1971") read with Rule 6 of the High Court Rules it was obligatory on the part of Court/office to have sent the documents including reference made by Subordinate Court. The notice which was served upon the Contemnor, he made endorsement on the back of notice that copy of order dated 20.09.2005 which was enclosed with notice communicated about termination of contempt proceedings, so referred against him, hence contempt proceedings cannot be initiated. The Court took notice that all the points can be considered after framing charge. Consequently, on 30.01.2008 the Court charged the Contemnor as under: "1. That on 15th January 2005, Sri Rajveer Singh, the then Judicial Magistrate, Auraiya was engrossed in making the disposal of bail applications and other urgent work of his court. It was around 1.15 p.m. you came in the court and got the file of Misc. Case No. 131 of 2004 presented with application no. 82. The Presiding Officer told you that since you had already expressed no confidence in the court and made complaint to the High Court, so it would not be possible for him to make the disposal of the application presented by you. It was also told by him that he had already sent a letter to the District Judge, Auraiya on 13th January 2005 in that regard. But you controverted it and told that whatever he had written that was all his fabricated version. The Presiding Officer in the given circumstances declined to pass orders on your application. 2. That, you started shouting in the court and insisted that your application should be heard on that day and orders be passed in your favour otherwise he would meet the same fate as was that of Sri Bachchu Singh. You also made following utterances: 588272-3 3. That when you were reminded by the court for not making such contemptuous utterances, you shouted and thumping the table of the dias of Presiding Officer made the following utterances: 588272-4 By such words or sign, you not only undermined the authority of the court, but also interfered or obstructed the administration of justice."
(3.) The order-sheet shows that on various occasions the Contemnor avoided and appeared only when non-bailable warrants were issued against him on 04.05.2015 and till then the Contemnor has not filed any reply to the charges framed against him. When enquired he sought further time which was granted and stop order was passed by the Court as under: "Ajay Kumar Pandey, Advocate, contemnor is present in person. Charges were framed against him vide order dated 30.1.2008. However, it is stated that he has not submitted any reply to the said charges and prayed for some time. Ten days and no more time is allowed to the contemnor to file reply to the aforesaid charges. List on 19th May 2015.";