- (1.) The present contempt proceedings were initiated on the basis of following note recorded by Hon'ble Mr. Justice Rajiv Narain Raina on 18.09.2014: "Shri S.S.Rathore, Advocate, has handed over to me certain papers purporting to be an order passed by me on 11.03.2014 in Civil Revision No.1785 of 2014. The said order is not passed by me. Such Revision Petition was never listed before me. In fact, Civil Revision No.1785 of 22014 titled as "Meena Kumari and others v. Meena Rani and others" was listed before another Bench on 10.03.2014. It appears that such order has been fraudulently prepared so as to seek stay of the execution of the demolition of the house. The preparation of such order and then producing the same before the Trial Court/Executing Court to obtain an order, interferes in the due administration of the justice and warrants initiation of criminal contempt proceedings. Let the Criminal Contempt proceedings be initiated against the beneficiary(ies) of such order, to be identified by the Office, and the same be listed before an appropriate Bench as per Roster. In the meantime, records of Civil Suit No.34 of 2000 and all proceedings consequent thereto be requisitioned from the Court concerned at Dasuya, through a Special Messenger."
(2.) On the basis of such note, Hon'ble the Acting Chief Justice ordered initiation of suo motu proceedings against Murari Lal and Vidya Sagar sons of Dina Nath i.e. beneficiaries of the so-called order as well as Shri A.K.Kalia, counsel for the judgment-debtors before the Executing Court. The Hon'ble Acting Chief Justice also ordered to conduct a fact finding enquiry regarding procurement of original order sheet of this Court, which has been used for preparation of fake order. It may be stated here that the fact finding enquiry has since been completed by the OSD (Vigilance), Punjab on 10.11.2014 recommending lodging of an FIR for the offences under Sections 420, 466, 467, 468, 471 read with 120-B of the IPC against (i) Amit Sharma, Advocate, (ii) Murari Lal son of Dina Nath, (iii) Vidya Sagar son of Dina Nath, and (iv) A.K.Kalia, Advocate.
(3.) In pursuance of the notices issued, reply by way of affidavit dated 04.10.2014 has been filed on behalf of respondent Nos.1 & 2. In the said reply, it is inter alia averred that against the judgment and decree dated 01.02.2000 in a suit for possession of land measuring 14 Marlas 7 Sarsahi situated in Village Badla, Tehsil Dasuya, District Hoshiarpur, the deponents filed objections to the execution, which was dismissed by the Executing Court on 01.03.2014. After the objections were dismissed, the deponents talked to their co-brother namely Om Parkash regarding filing of the case in the High Court. Om Parkash informed them that Shri Amit Sharma, Advocate, is the nephew of his friend, who is practicing in the Punjab & Haryana High Court since long. Thereafter, after taking their case file from Shri Ashok Kumar Kalia, Advocate, respondent No.1 and his daughter Mrs. Saneh Lata, engaged Shri Amit Sharma, Advocate (respondent No.4), who assured them that he will file revision in the High Court and will get the stay order within one or two days. Shri Amit Sharma, Advocate, charged Rs.69,000/- from the deponents out of which Rs.20,000/- was paid in cash, as an advance and the remaining amount was promised to be paid after some days. After some days, the deponents were informed by Shri Amit Sharma, Advocate that stay has been granted by the High Court on 11.03.2014. It was on 20.03.2014, Shri Amit Sharma, Advocate, sent information regarding the stay on his letter head dated 20.03.2014. The said letter attached with the reply as Annexure R-1/1 reads as under: JUDGEMENT_558_LAWS(P&H)11_2014_1.html;