JAWAHAR RAM GUPTA AND ANOTHER Vs. HONBLE CHIEF JUSTICE AND OTHERS
LAWS(ALL)-1996-4-167
HIGH COURT OF ALLAHABAD
Decided on April 22,1996

Jawahar Ram Gupta Appellant
VERSUS
Honble Chief Justice And Others Respondents

JUDGEMENT

Ravi S.Dhavan, A.B.Srivastava, JJ. - (1.) WHEN this Court convened this morning at 10, 15 an oral mention was made by a counsel for three officers of the High Court on whose behalf a memorandum of appearance was filed through Mr. S.F.A. Naqvi The submissions were made by the Additional Advocate General, U.P. Mr. Rakesh Dwivedi. He has not filed an appearance on behalf of those for whom he did this But, the vakalatnama of Mr. S.F.A. Naqvi Advocate carries an endorsement at the back that "Mr. Rakesh Dwivedi will appear on behalf of applicants "Mr. Rakesh Dwivedi has not signed the Vakalatnama The vakalatnama has been signed by three officials of the Registry of the High Court of Judicature at Allahabad, Mr. A.H. Ansari, Additional Registrar (Listing), Mr. G.K. Verma Additional Registrar (Protocol), and Mr. T.M. Khan, Officer on Special Duty (Litigation) The first and the third are members of the subordinate judiciary on deputation, as officers to the High Court The other is an officer of the High Court. They question this Court in Division in proceeding with the proceedings. An unusual activity, of a non -party, all subordinates of the High Court that it has been arranged that the Court be told that it cannot determine its proceedings.
(2.) THE mention informed the Court that on Sunday an application of the aforesaid officers of the High Court, was filed at the residence of the Chief Justice, where these officers had presented themselves Thus, an order was passed by the Chief Justice The order, the Court was intimated, is of yesterday, i.e. 21 April 1996, which was a Sunday. Before the Court, no record has been sent or produced by the Registrar The Court does not have before it the application and the affidavit which the aforesaid officers of the Registry may have placed before the Chief Justice nor the order itself of the Chief Justice These officers did not come to Court to place the order nor did the Registrar send the order to the Court for its perusal. At the time when the mention was made, a photo copy of the order showing attestation by a Deputy Registrar, High Court, was placed at the Bar of the Court. This order is appended to the resume of these proceedings. It is not a certified copy duly sealed by the Court as a measure of formality but notwithstanding the Court has noticed the contents of the Chief Justice's order.
(3.) THE order is to be effect that a contempt matter arising out of one of three related writ petitions being heard by this Division Bench, be urgently heard instead by a larger Bench, consisting of three other Judges. The matter was to have come up before this Court today, as the three officials who filed the application had been asked to appear to explain why they should not be punished for contempt of Court. The Registrar has not placed on record the text of the notices served on these officials, which text was processed by those who were to receive it. The Court is aware of its order of 18 April 1995 and has re -read it.;


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