- (1.) This criminal contempt proceedings commenced on a reference made by Sri Avinash Saksena, Additional District & Sessions Judge, Court No. 2, Kasganj (hereinafter referred to as 'Reference Court') vide reference letter dated 15.10.2014 forwarded by District Judge, Kasganj on 17/15.10.2014. It is said that on 17.09.2014 when judicial proceedings were going on in Reference Court, Mahi Pal Singh Rana, Advocate (hereinafter referred to as 'Contemnor') appearing in several cases, created an ugly scene in the Court when it was proceeding in Small Cause Suit No. 02 of 2011, Satya Dev Gupta v. Brijesh Kumar.
(2.) Whatever uttered by Contemnor has been reduced in writing in order sheet of aforesaid case and reads as under:- "It came up. The case file is fixed for disposal of application being paper 23 Ga with written arguments on it being paper 28 Ga and objections thereon During hearing on the application, the defendant advocate Shri Mahipal Singh Rana was asked whether he could submit written statement for disposal of the application, and if so, under which provision. On this, indecent language was used by the defendant advocate Shri Mahipal Singh Rana before the court. The defendant advocate Shri Mahipal Singh Rana is warned by the court to be temperate & decent in expression while answering to the questions asked by the court. Hence, he is given one opportunity to show appropriate provision in that behalf. Even after the warning being given, instead of showing the concerned provision, loud hue & cry was begun to be created by the defendant advocate Shri Mahipal Singh Rana before the court, which caused interruption in the judicial work. Along with this, it was loudly uttered by Shri Mahipal Singh Rana, "Tumo Ko Jo Karan Hai Kar Lo, Agar Kachhu Na Kar Paoge to Tumaro Kami Hogi, Hamaao Kachhu Na Bigaad Paoge (Do whatever you want to do, if you find yourself unable to do anything then it will be your failure, you will not be able to do anything against me)". On this, it was told by the court that on account of this act of yours, the judicial work is getting interrupted but the defendant advocate Shri Mahipal Singh Rana in his ego kept babbling with other unsavoury words and indecent gestures. The work of the court was interrupted from the said act and utterances before the court by the defendant advocate Shri Mahipal Singh Rana, and this act of his falls within the category of contempt of court. Hence, a reference be sent though the learned District Judge, Kasganj to the Hon'ble High Court for initiation of contempt proceedings with respect to the aforesaid act of Mr. Mahipal Singh Rana, Advocate. File be put up on 23.09.2014 for further orders.** (English Translation by Court)
(3.) Alleging that conduct of Contemnor was scandalous and amounts to lowering down dignity of Court, in presence of Court Staff, Members of Bar and litigants, and he also obstructed judicial work, therefore, should be tried for committing criminal contempt, Court below made a reference to this Court.;