Sudhir Agarwal, J. - (1.) THIS criminal contempt application has been registered pursuant to a reference dated 27.09.2014 made by Smt. Chitra Sharma, Civil Judge, (SD), Hathras (hereinafter to referred as CJ(SD)) which has been forwarded by District Judge, Hathras vide his endorsement dated 29.09.2014.
(2.) CJ (SD) Hathras is posted as such at Hathras since 2012. Sri Ajai Kumar Bhardwaj, Advocate (hereinafter to referred the 'Contemner') is practising in Hathras, Civil Court and at present Secretary of Bar Association, Hathras. The Contemner along with his colleagues misbehaves with the Judicial Officers since he has taken charge as Secretary of Bar Association, Hathras and mounts multi -corner pressure upon Courts for getting orders passed in his favour. An original suit No. 313/88, Dilip Poddar v. Ex -Officio President is pending in her Court in which the Contemner had given application for appointing him as Receiver of Annual Fair that is being held at the Court premises every year. The application given for appointment as Receiver was dismissed by her for the Fair is held every year and nearly thousands of people gather. The Fair lasts for 20 -25 days and responsibility for looking after the said fair was entrusted to District Magistrate for many years. District Magistrate is working as Receiver of the said Fair. On seeing the order of dismissal, the Contemner got irritated and threatened to see her in future but the concerned officer did not comment although behaviour of Contemner was not good. From the date of passing the said order, the Contemner has started making scurrilous complaints vide letter dt.11.09.2014 and 18.9.2014. The complaint dt. 11.9.2014 was received by steno in the office and photocopy was given to her by 'Ardali' at her residence. Further, the complaint dt. 18.9.2014 was not provided to her but photocopy was given to her by C.J.M., Hathras. She was on Child Care Leave from 04.9.2014 to 30.9.2014, therefore, immediate action could not be taken. Both the complaints were made by Contemner on letterhead of Bar Association and language in the complaint letter is contemptuous. In complaint dated 11.09.2014 addressed to District Judge, Hathras, the contemner has commented upon "Civil Judge (SD), Hathras, Smt. Chitra Sharma is a woman of ill -tempered and modernity, who sits on dais with untied hair and gaudy clothing." (English translation by Court) In another complaint against C.J.M, A.C.J.M. and the CJ (SD), the Contemner has alleged that judicial officers are conspiring through the Judicial Magistrate Chitra Sharma to get him implicated in some case and get him killed; if he is killed, the responsibility of it be fixed upon all the above mentioned Judicial Officers. Several other instances have been given by CJ (SD) showing that Contemner was in the habit of making false complaints against conduct and character of Judicial Officers as also the Court Staff, in one or the other way. In the letter dated 18th of September, 2014 the Contemner has said: - - "1. The applicant is being threatened and intimidated every now and then in several ways by the aforesaid C.J.M. by way of holding out a warning that if he did not withdraw his complaints, he would be falsely implicated by any police station or be killed by orchestrating an encounter through his bodyguards or demented policemen. 2. The applicant is under persistent life threats and the said learned C.J.M. Sri Manraj Singh may orchestrate even his murder by occasioning the commission of inhuman activities through his subordinates Sri Omvir Singh, ACJM and Smt. Chitra Sharma, Civil Judge (Senior Division). If he is murdered, the threesome of them may be held responsible. 3. Sir, it is, therefore, requested that if earliest action is not taken over the complaints, the applicant will be forced to undertake successive fasts and fast unto death." (English translation by Court)"
(3.) THE CJ (SD) has said that the aforesaid allegations and scurrilous statements made against Judicial Officers of the Court amount to 'criminal contempt'.;