S.K.Phaujdar, J.C.Misra - (1.) -The present contemner was noticed from this Court under an order dated 8.9.1997 asking him to appear on 20.10.1997 and to show cause why he should not be punished for Contempt of Court in view of the allegations made in the letters dated 19.6.1996, 15.7.1996 and 16.7.1996 of Sri Chaturbhuj, the then Ist Additional Chief Judicial Magistrate, Ghaziabad, to the District Judge, Ghaziabad, indicating how Samar Singh had been threatening the said Presiding Officer to pass orders in his favour and otherwise to face consequences, as indicated in the said letters.
(2.) THE first letter dated 19.6.1996 by Sri Chaturbhuj was addressed to the District Judge, Ghaziabad, in relation to Case Crime No. 73 of 1996, State v. R. D. Plastic, under Section 39/40 of the Indian Electricity Act relating to P.S. Kotwali, district Ghaziabad, concerning conduct of Sri Samar Singh, Advocate, on behalf of the accused in that case. THE letter indicated that on 19.6.1996 when the Judicial Officer was busy in his Court, an application was presented by the Advocate, upon which a report from the A.P.O. was sought and it was directed to be put up with the records. Upon this, the Advocate, Samar Singh, allegedly uttered some uncivil words APSABD and went out of the Court room. Again, at about 3.15 p.m., when the application was placed along with the records, Sri Samar Singh was not present. THE learned A.P.O. drew attention of the Court to para 2 of the application wherein allegations against the Presiding Officer, touching his integrity, were made. THE Presiding Officer then remembered that on the same day at about 9.30 a.m., Sri Samar Singh had threatened him over telephone for having decided a case allegedly without hearing him. He also allegedly threatened the Judicial Officer that he was to reap the consequences therefor. When asked over phone as to who was speaking, he disclosed his name as Thakur Samar Singh. In the application, that was filed in the concerned case on that date, it was indicated that the High Court was being approached for an enquiry against the Judicial Officer. Thus, Thakur Samar Singh by his threats over phone and by his presenting such application had lowered the prestige of the Court. Letter dated 19.6.1996 further indicated that Samar Singh had first appeared in the concerned case on 2.5.1996 and had presented an application, but the application was never pressed. THE application was appended with a copy of the order of the appellate court and the application was put up for hearing on 10.5.1996 in terms of the direction of the appellate court. None appeared on 10.5.1996 or on the adjourned date of 14.5.1996. THE allegation of Samar Singh that he was not given an opportunity of hearing was, thus, baseless. Another letter was sent by Sri Chaturbhuj to the District Judge, Ghaziabad, concerning telephonic threats by Samar Singh to him and of threat of moving the High Court with an application under Section 482, Cr.P.C. It was stated that Samar Singh claimed himself to be an Advocate practising in the High Court and usually he telephoned the Judicial Officer between 5.30 and 6.00 p.m. every day and used to brag that he would not allow him to be in Judicial Service unless he acted according to his wishes. On 13.7.1996 at 7.00 a.m., a person came to the residence of the Judicial Officer and posed himself to be an employee of the High Court and left certain papers with the private servant of the Judicial Officer. After sometime Samar Singh telephoned him and asked if he had read the papers. Samar Singh further told him that if the Judicial Officer did not decide the case of R. D. Plastic as dictated by him, he would file an application against the Judicial Officer under Section 482, Cr. P.C. and a copy of the application was sent in advance to the Judicial Officer indicating that it was to be moved before the High Court in Court No. 43 on 15.7.1996. On 14.7.1996 again at about 5.00 p.m. a telephone came to the Judicial Officer asking him if he had recorded the order, otherwise he would proceed to Allahabad and present the petition before the High Court. The third letter of Sri Chaturbhuj is dated 16.7.1996. Through this letter, he informed the District Judge that at 6.30 a.m. on that day when he came back to his residence after morning walk, his wife told him that Sri Samar Singh, Advocate, had telephoned to tell him that the Section 482, Cr. P.C. application had been filed in the High Court and the application would be not pressed if an order in favour of R. D. Plastic was recorded that day, failing which Chaturbhuj Sahib would be a victim of his own obstinacy.
(3.) THESE three letters were forwarded by the District Judge, Ghaziabad, to the Registrar on 31.7.1996 with his opinion that proceedings for Contempt of Court against Sri Samar Singh, Advocate, should be initiated. A note was placed before Hon'ble the Chief Justice and it was directed that the matter be placed before the appropriate Bench in the judicial side. This order was passed on 15.5.1997, but the office did not place it before the Bench till 8.9.1997 and the Division Bench of Hon. G. Malaviya, J. and Hon. B. K. Sharma, J., took strong exception to it and directed that the concerned persons should explain their conduct for this delay. It was made clear by the Division Bench by its order dated 8.9.1997 that the allegations were such which prompted it to take cognizance under Article 215 of the Constitution of India suo motu and thereafter a show-cause notice was issued. The contemner, Samar Singh, appeared in person and filed a counter-affidavit. It was stated that he had carefully gone through the letters of Sri Chaturbhuj dated 19.6.1996, 15.7.1996 and 16.7.1996 and understood the contents thereof. It was stated that one Ram Autar was granted bail on 1.3.1996 and certain conditions were imposed upon him directing him to make payment of Rs. 5 lacs and odd within one month to the State Electricity Board, failing which the bail order was to be deemed cancelled. The time for payment was, however, extended for a month. Thereafter a revision was preferred and certain directions were given and the Magistrate relaxed the condition of payment directing payment to the tune of 1/4th of the said sum in cash and the rest 3/4th by way of security of immovable property or bank guarantee. This order was recorded by the Magistrate on 14.5.1996. The contemner further stated "that after making enquiries the deponent felt something in entire happening and moved an application in this Court under Section 482, Cr. P.C. as he did not want to get it decided by Mr. Chaturbhuj". It was stated that the order dated 14.5.1996 was passed to make hands clean and to defeat the directions of the High Court. It was stated that an application dated 19.6.1996 was made before the learned Magistrate wherein more allegations were made but no relief was claimed from the learned Magistrate, Sri Chaturbhuj.;