S.S. Sandhawalia, J. - (1.) I have the privilege of perusing the exhaustive judgment recorded by my learned brother Sharma J - With the greatest humility and extreme deference to my learned brother, I feel that the view expounded therein would virtually erode the meaningful law of contempt of court to a dead letter and in particular lay bare the subordinate judiciary to wanton and malicious attack by any and every wayward litigant. I am thus compelled to resort to the onerous duty of dissent in unequivocal terms both as regards the facts found and the law enunciated.
(2.) TO arrive at a correct perspective, it is first necessary to recapitulate the broad canvas of facts against which the incident took place leading to this rather unusual trial for contempt by a Full Bench of five Judges of the High Court. Respondent No. 1, Ch. Bansi Lal, rising from, the robust peasant stock of this very district of Bhiwani rose to considerable heights of political power first as the Chief Minister of Haryana and the as the Defence Minister of the Union of India. In March, 1977, though a sitting member of the Rajya Sabha, he chose to contest the Lok Sabha seat from his home constituency of Bhiwani, but was decisively defeated. Thereafter followed a precipitate fall from power and an eclipse in political terms. On the 1st of August, 1977, a case (F.I.R. No. 106 of 1977) under Section 161 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act was registered against him at Police Station, Bhiwani on the statement of Shri Randhir Singh Yadav, D.S.P. Bhiwani. Respondent No. 1 approached the High Court for the grant of anticipatory bail and Hon'ble Mr. Justice Harbans Lal, - -vide his judgment, dated the 16th of August, 1977, granted the relief sought with a direction that Respondent No. 1 should join the investigation of the case. Apparently in pursuance thereto Respondent No. 1 on his own drove from Delhi to Bhiwani to join in the investigation. However, on the 23rd of August, 1977, a fresh case, - -vide F.I.R. No. 320 of that date under Sections 406, 420, 467/120 -B, Indian Penal Code, was registered against him at Police Station, Bhiwani on the statement of Shri Raj Singh, S. P. Vigilance, Haryana and Respondent No. 1 was arrested and taken in custody by Shri Raj Singh, Superintendent of Police (Vigilance). Shri H. R. Bhardwaj, Advocate, Respondent No. 2, had been engaged by Respondent No. 1 with regard to the criminal proceedings instituted against him in Bhiwani in the first case as well. It is not in dispute that on the instructions of Respondent No. 1 Ch. Bansi Lal, Shri H. R. Bhardwaj Respondent No. 2 appeared in the Court of Shri Gorakh Nath, Chief Judicial Magistrate, at Bhiwani on 23rd August, 1977 at 3 p.m. and presented an application, Exhibit C.W. 1/2 in which the specific prayer made was for his admission in a fully equipped hospital where expert physician might be available at the time of need. Therein it was averred that Respondent No. 1 was a chronic patient of asthma and was also suffering from hypertension and fever at the time. The learned Chief Judicial Magistrate immediately issued notice of this application to the Public Prosecutor - -vide his order Exhibit C.W. 1/4 and on that very day by 4 p.m. the Assistant Public Prosecutor submitted the report of the Investigating Officer to the effect that Respondent No. 1 Ch. Bansi Lal, whilst in custody had not complained of an illness and that in any case if any such complaint was made, he would, be immediately referred to the Chief Medical Officer, Bhiwani and would be provided all possible medical aid available there. In that reply it was averred that Respondent No. 1 did not appear to be suffering from any ailment at that time. The learned C.J.M. heard Respondent No. 2 Shri H. R. Bhardwaj in support of the application and the Assistant Public Prosecutor and in view of the report submitted, he came to the conclusion that there was no adequate justification for granting the application which was accordingly declined, - -vide a detailed order Exhibit C.W. 1/5. It is Respondent No. l's own case that he was informed by his counsel Respondent No. 2 at about 8 p.m. at the police station that the learned Chief Judicial Magistrate had declined the prayer at about 5 p.m.
(3.) IT is the common case that the arrest of Respondent No. l at Bhiwani on the 23rd August, 1977, did cause a stir in the town and in the constituency of Bhiwani, to which Respondent No. 1 belonged. On the following day, that is, 24th August, 1977 at 11.30 a.m. Ch. Bansi Lal, Respondent No. 1 was produced in the Court of the Chief Judicial Magistrate Shri Gorakh Nath for the purpose of remand and at that time he was also accompanied by his counsel Shri H. R. Bhardwaj and of course the police officials and others. It is the common case that the Court room and the precincts outside were crowded with persons who for convenience may be called as the political supporters and opponents of Respondent No. 1. As soon as Respondent No. 1 was brought in the Court room, he evinced his desire to make a statement and though the purpose and the provision under which the statement was sought to be made were hardly clear or specified the learned Chief Judicial Magistrate acceded to the request. He proceeded to record in his own hand the statement Exhibit C.W. 1/7, which was duly read out to Respondent No. 1 and was accepted correct and signed by him. The material part of the aforesaid statement reads as under: ***. I am such a patient, who can die in a short time. Shri Devi Lal, Chief Minister, Haryana, Ch. Dharam Singh, DIG/CID, Haryana and Shri Raj Singh, S.P. Special Enquiry Agency, Haryana, who are my enemies have joined the conspiracy to kill me. Besides them, Shri Banarsi Lal Inspector, etc. have joined. Yesterday on the dismissal of my application for medical examination I have become sure that the present C.J.M. Bhiwani is also a party in this conspiracy. In case my death occurs in Police custody, these persons should be held responsible for my death. My heirs and my counsel Shri H. R. Bhardwaj shall disclose the names of other persons. It is the case that after having made the aforesaid statement, Respondent No. 1 in the crowded open Court room flagrantly levelled the following contemptuous allegations against the learned' Presiding Officer Shri Gorakh Nath: 1. He contemptuously shouted in the Court that the Presiding Officer was a party to the conspiracy hatched by Ch. Devi Lal, Chief Minister, Haryana, Dharam Singh D.I.G. and Raj Singh S.P. to kill him. 2. That he had been told by the police outside the Court room that they would get five days police remand from the Court and he was convinced that the Presiding Officer would remand him to police custody for the aforesaid period. The learned Chief Judicial Magistrate in face of the gravest provocation, however, kept his composure and told Respondent No. 1 that he had yet to make up his mind and to record a decision on the police application for his remand. Respondent No. 1 thereupon flared up and further added the following allegations openly and loudly in Court: 3. That the Presiding Officer was a liar and a criminal; and 4. That no justice could, therefore, be expected from such a liar and a criminal. Throughout the time when the aforesaid allegations were made in open Court, Respondent No. 1 heavily and contemptuously thumped at the bar of the Court.;