- (1.) RAVINDRA Singh, J.-This reference has come against Ganesh Prasad Verma, Anil Tiwari, Dilip Tiwari and Rajesh Kumar Singh son of Sri Ram Asrey Singh on the basis of the report dated 21.3.2005 of Sri Ram Vilas Singh, IInd Additional Civil Judge (Junior Division), district Ambedkar Nagar (hereinafter referred to as Presiding Officer) made to the Registrar General, High Court Allahabad through the District Judge, Ambedkar Nagar. The report dated 21.3.2005 of Sri Ram Vilas Singh IInd Additional Civil Judge (Junior Division), district Ambedkar Nagar, reads as under : ...[VERNACULAR TEXT OMMITED]...
(2.) THAT on the basis of the aforesaid report dated 21.3.2005, the Section Officer concerned submitted a note dated 16.5.2005 which read as under : "O.S.D. (Contempt) May kindly see the endorsement letter No. 267/D.J./Ambedkar Nagar, dated 21.3.2005 of District Judge, Ambedkar Nagar furnishing therewith letter dated 21.3.2005 of Sri Ram Vilash Singh, IInd Additional Civil Judge (J.D.) Ambedkar Nagar regarding initiation of contempt proceedings against S/Sri Ganesh Prasad Verma, Anil Tiwari, Dilip Tewari and Sri Rajesh Singh and others advocates of Ambedkar Nagar. The officer Sri Ram Vilash Singh, aforesaid in his letter has stated that today 21.3.2005 at about 1.00 p.m. while he was hearing Original Suit No. 453/91, Ram Tirath v. Ram Kumar, in a meantime Sri Ganesh Prasad Verma, Bar President leading with other advocates entered into his court room started shouting and passed filthy abuses in the name of mother and sister. On this when he enquired as to why they are behaving in such manner, the advocates Sri Dilip Tewari, Sri Rajesh Singh told abusively 'ki saale tum uth jao jab se nazarat prabhari hue ho tumhara dimag badh gaya hai'. The officer then asked the Bar President Sri Ganesh Prasad Verma who was leading all these people about the reason of such acts. On this he (Sri Verma) told that yesterday dated 20.3.2005 he (officer) has kept with him the handle of the pipe which was installed on the Bar's land saying it that he has no right to remove the shops situated on the land of Bar. The advocate S/Sri Dilip Tewari, Rajesh Singh, Anil Tewari etc. hurled filthy abuses. The officer has further stated that he could recognize only S/Sri Ganesh Prasad Verma, Rajesh Singh, Anil Tewari and Deelip Tewari. The officer then told them that he did not remove the handle of the pipe and nor did any illegal works or unauthorized work and as the auction of shops situated in the premises of the Court is to be done and in this regard notices have already been served upon the unauthorized shop keepers to remove their shops. He also states that the President of Bar Sri Ganesh Prasad Verma has given written reply that neither these shops are being operated by him and nor these shops are being operated by the Bar. The officer then says that the said shops have been removed after receiving such report and that he has done whatsoever on the directions of the District Judge and even then the advocates hurled abuses on him. Thereafter the officer left the dias and went to the chamber of the District Judge on calling by him. The office in the last has stated that S/Sri Ganesh Prasad Verma, Anil Tewari, Dilip Tewari and Sri Rajesh Singh has interfered in his judicial work and hurled filthy abuses which come under the purview of the Contempt of Court. In this connection it may be submitted that provisions as contained in Section 2 (c) of Contempt of Court which is relevant to mention here runs as under : 2 (c) "Criminal contempt" means the publication (whether by words, spoken or written, or by signs, or visible representations, or otherwise) of any matter or the doing of any other act whatsoever which : (i) scandalize or tends to scandalize, or lowers or tends to lower the authority of, any Court ; or (ii) prejudice, or interferes or tends to interfere with due course of any judicial proceedings ; or (iii) interfere or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner ; Submitted for kind perusal and orders. Sd. Illegible. 16.5.2005"
(3.) AFTER the note dated 16.5.2005, submitted by the Section Officer concerned the matter was placed before the Registrar General by the in-charge O.S.D. (Computer) on 23.5.2005. Thereafter the Registrar General placed the matter before the Hon'ble Administrative Judge. The note dated 23.5.2005 read as under : "Registrar General The present application for initiating contempt proceedings against Sri Ganesh Prasad Verma, Sri Anil Tewari, Sri Dilip Tewari and Sri Rajesh Singh, advocates has been moved by Sri Ram Vilash Singh, IInd Additional Civil Judge (J.D.) Ambedkar Nagar. In this application Sri Ram Vilash Singh stated that on 21.3.2005 at about 1.00 p.m. he was sitting in his Court and was hearing Suit No. 453/91, Ram Tirath v. Ram Kumar. In the meantime a number of advocates in the leadership of Sri Ganesh Prasad Verma, President of Bar entered inside the court room and started shouting and abusing the Presiding Officer. The Presiding Officer tried to cool down and asked the reason for such kind of behaviour. On this Sri Anil Tiwari, Sri Dilip Tewari and Sri Rajesh Singh started abusing the Presiding Officer and levelled allegations on him that on his direction the handle of the hand pump was removed. In this way they obstructed the Court proceedings : "Criminal contempt is defined under Section 2 (c) of the Contempt of Court Act, 1971, which reads as follows : (c) "Criminal contempt" means the publication (whether by words, spoken or written, or by signs, or visible representations, or otherwise) of any matter or the doing of any other act whatsoever which : (i) scandalize or tends to scandalize, or lowers or tends to lower the authority of, any Court ; or (ii) prejudice, or interferes or tends to interfere with due course of any judicial proceedings ; or (iii) interfere or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner ; Section 10 of the above Act, only the High Court has jurisdiction to take cognizance in respect of contempt of Courts, subordinate to it. Section 20 of the Act provides one year, from the date of which contempt is alleged to have been committed as period of limitation, which in present case would expire on 21.3.2006. From the perusal of above provisions it is certain that above alleged actijns of Sri Ganesh Prasad Verma, Anil Tewari, Dilip Tiwari, and Rejesh Singh, advocates are covered within the meaning of "Contempt of Court". Moreover the matter is not time barred and also cognizable by Hon'ble High Court only. May kindly place the file before the Hon'ble the Acting Chief Justice for His Lordship's kind perusal and orders. Sd. Illegible (Mohd. Babar) I/c O.S.D. (Computers) Dated 23.5.2005" The Hon'ble Administrative Judge, Ambedkar Nagar perused the reference dated 25.7.2005 and considering the seriousness of the allegation, it was directed to place this matter before the Bench having the jurisdiction of criminal contempt.;