Amar Saran, J. - (1.) A reference was sent by the District Judge, Pilibhit, dated 30.3.2009 to the Registrar General, Allahabad High Court stating that he has received two letters from the Bar Association of district Pilibhit. The letters complained that the bail application of Varun Gandhi was to be heard in the Court on that date, but the District Administration had barricaded the roads leading to the Civil Courts premises, and the Police Administration was preventing Advocates, their Clerks, employees of the Judiciary and Collectorate, the litigants and public from reaching the Court premises, even though, some of them were carrying identity cards. It was further complained that heavy police contingents were deployed at different entry points for reaching the Pilibhit Civil Courts and they were falsely telling the people that the Courts were closed on that date and they should go home. As a matter of fact, the Courts were completely open and the Police and District Administration were misleading the public that it was an undeclared public holiday. All this interfered with the functioning of the Court at the Pilibhit Judgeship. The Advocates had made a request to the District Judge to ensure that no adverse orders were passed against the litigant public and that Courts be refrained from issuing warrants against the litigants on account of their non appearance in the Courts. The Bar Associations letters even requested that proceedings of contempt be drawn up against the Police Officers and District Officers as the working of the Civil Court had been made non-functional by the Police and District Administration. Hence a report was being submitted to the High Court for information.
(2.) THE report of the District Judge was accepted. In the office note of the Joint Registrar (Inspection) it was also pointed out that as a photo copy of the District Judge's letter dated 30.3.2009 had also reached the Administrative Judge, Pilibhit, he passed an order directing that the report of the District Judge, Pilibhit be placed before Hon'ble the Chief Justice for appropriate orders. THE Hon'ble Chief Justice passed an order dated 8.4.2009 for placing the matter before the Court on the judicial side. On 18.5.2009 a Division Bench after perusal of the report of the District Judge, Pilibhit on 30.3.2009 issued notice to Sri Ajay Chauhan, District Magistrate, Sri Prakash D., Superintendent of Police, Pilibhit, Sri D.K. Chaudhary, Additional Superintendent of Police, Pilibhit and Sri R. C. Verma, Station House Officer, Pilibhit asking them to show cause as to why proceedings of criminal contempt be not drawn against them and they may not be punished. The replies of the Officers were called for and the matter was directed to be listed on 8.7.2009 before the appropriate Bench. The Officers appeared on 8.7.2009 and a discharge applications along with affidavits dated 5.7.2009 have been filed on behalf of the alleged contemnors. We have heard Sri Zafar Naiyer, Additional Advocate General on behalf of the alleged contemnors on 23.7.2009, when we reserved our orders, which we now proceed to deliver.
(3.) SRI Naiyer invited our attention to the affidavits of the District Magistrate, Pilibhit, Superintendent of Police, Pilibhit and ASP, Pilibhit which mention that due to inflammatory speeches made by SRI Varun Gandhi generating hatred between different communities, the deponent had exercised all due diligence to prevent the commission of any happening, which may have resulted in serious offences involving lives. It was denied that any direction was issued for preventing the Advocates, their Clerks, Collectorate staff or bona fide litigants from access to the Court premises to attend their cases and they were not stopped by the Police Authorities or Administration from participating in the Court's proceedings. It was denied that any propaganda was made by the Police Authority or the District Administration that the Courts had been closed and no judicial business was to be transacted and they returned to their homes. It was also pointed out that an F.I.R. was lodged against Sri Varun Gandhi on 17.3.2009 in Case Crime No. 255 of 2009 under sections 153A, 295A, 188 and 505 (2) IPC and section 125 of People's Representation Act, 1951. He had surrendered before the C.J.M.'s Court at Pilibhit on 28.3.2009. A mob consisting of several thousand persons had surrounded the Court premises. The C.J.M. has accepted the surrender and passed an order sending Sri Varun Gandhi to judicial custody in the District Jail, Pilibhit and 30.3.2009 was fixed for his appearance and consideration of his bail application. When Sri Varun Gandhi was being taken to the District Jail, Pilibhit by the police authorities, a huge mob of several thousand supporters of Sri Varun Gandhi tried to obstruct the implementation of the judicial order and raised slogans against the District Administration. They even surrounded the District Jail to forcibly secure the release of Sri Varun Gandhi. Thereafter, the mob, which was accompanying Sri Varun Gandhi indulged in using criminal force and began pelting stones causing injuries to the jail staff. They also attacked the residences of the Jailer and Deputy Jailer in the jail premises, damaged their cars, and broke their window glasses. Due to pelting of stones and brick batting several jail staff and constables namely Sri Muzaffar Khan, Sri Vinod Kumar, Sri Ashok Kumar, Sri Shiv Kumar Maurya (Jail constables) and Sri Vimal Pandey, Deputy Jailer, District Jail suffered injuries and the District Administration had even to use water canons, tear gas, and rubber bullets to disperse the volatile crowd and for maintaining law and order. It was to prevent a similar explosive situation breaking out on 30.3.2009 that the District Administration had to make several arrangements and it had to spend sleepless nights in this efforts to prevent any kind of skirmishes between the two groups as well as for ensuring the safety of Sri Varun Gandhi for his peaceful appearance and exit from the Court and to prevent any ugly event. For this purpose, the Administration had to adopt a foolproof method and with this end barricading had been done outside the Court premises and searches had to be made of the people visiting the Court. The lawyers, their clerks, Collectorate Court staff and bona fide litigants were not obstructed at any point of time. It was claimed that the Court functioned in a normal way. No complaint in writing or otherwise was made by any litigants either in the Court or to the District Administration that he had been prevented from attending Court. No name or designation of the persons of the District Administration, who were allegedly obstructing the alleged litigants or alleged lawyers or their clerks and collectorate staff who were prevented from reaching the Court premises were mentioned in the letters of the President of the District Bar Association. It was further mentioned in the affidavits that a large number of lawyers and litigants wanted to catch a glimpse of Sri Varun Gandhi and they were crowding the passage to the entry point to the Court as spectators. It was also mentioned that the District Judge, Pilibhit had passed an order on 30.3.2009 to the following effect. "Call for report from District Magistrate and S.P. Pilibhit about allegations made in resolutions of Bar Association by today evening. ";