SINGH, J. - (1.) HEARD Shri Rajendra Vyas, Additional Advocate General, Shri M. S. Singhvi, counsel for Shri B. L. Shishodia, Advocate and Shri Ladu Ram Toshniwal contemner who appeared in person.
(2.) THIS proceeding under Section 15 (2) of the Contempt of Courts Act, 1971 was initiated against Shri Ladu Ram Toshniwal, contemner, on a reference made by the learned Additional District & Sessions Judge No. 1, Chittorgarh. The facts of the case may be briefly summarised as below: There is an ancient historical Fort in District Chittorgarh. The said Fort is being look after by Archeological Department, Survey of India. According to the contemner Ladu Ram, a society known as "chittor Durg Vikas Parishad' was created at the instance of the then Collector, Chittorgarh. The said society started collecting Rs. 20/-per visitor, Rs. 20/-per tempo, Rs. 25/-per jeep/car, Rs. 50/-per mini-bus and Rs. 100/-per foreign-visitor, with effect from 27. 1. 1997, at the barrier near `navlakha Bhandar'. The contemner Ladu Ram and three other persons,namely. Chand Mal Garg, Advocate, Chittorgarh, Chandra Prakash Kumawat resident of Chittorgarh and Khumraj Mal Kumawat,advocate, Chittorgarh filed a Civil Suit in the court of Civil Judge (JD), Chittorgarh after obtaining permission of the court under Section 80 (2) of the Civil Procedure Code and an application under Order 39 rules 1 and 2 was also, filed. The Civil Suit was registered at S. No. 80/1997 and the application for temporary injunction was registered at S. No. 80/1997. The reply of the application for temporary injunction was filed on behalf of defendants No. 3, 4, 5 and 6. In reply, it was admitted by defendants no. 3, 4, 5 and 6 that the society in the name of `chittor Durg Vikas Parishad' was created and was registered and it was decided that voluntary contributions from the visitors be collected and the amount of contributions should be utilized for better maintenance of Chittorgarh Fort and historical monuments situated therein and the activities of the said society were in public interest. The application for temporary injunction was dismissed by Shri Shivcharanji Bhushan, R. J. S. , Civil Judge (JD), Chittorgarh by or-der dated 22. 7. 97. An appeal against the order dated 22. 7. 97 was filed in the court of the Additional District & Sessions Judge No. 1, Chittorgarh. Shri Ladu Ram Toshniwal, the contemner filed written arguments running in as many as four typed pages in the court of the Additional District & Sessions Judge No. 1 Chittorgarh. He personally appeared on the date of hearing. After going through the contents of the written arguments filed by Shri Ladu Ram Toshniwal on 28. 1. 98 and considering the application, dated 20. 2. 98 filed by Shri Bhanwar Lal Advocate, the learned Additional District & Sessions Judge No. 1, Chittorgarh, made a reference under Section 15 (2) of the Contempt of Courts Act to this Court on 18. 3. 1998. In the reference, the learned Additional District & Sessions Judge No. 1 has stated that Shri Bhanwar Lal, Advocate is the counsel for the defendants no. 6,7 and 8. The learned Additional District Judge No. 1 has further stated that in the written arguments submitted by Shri Ladu Ram, allegations have been made against Shri Shivcharan Bhushan, Civil Judge (JD), Chittorgarh as well as against Shri Bhanwar Lal, Advocate who is counsel for the defendants No. 6,7 and 8. In para no. 6 of the reference, the learned Additional District & Sessions Judge No. 1 has referred to those portions of the written arguments which in his opinion are contemptuous. The learned Additional District & Sessions Judge No. 1, Chittorgarh has further stated in the reference that the contents of the written arguments were published by Ladu Ram before submitting them in the court and the conduct of Shri Ladu Ram was neither bonafide nor protected-by Section 6 (3) of the Contempt of Courts Act, 1971. In view of the conclusion arrived at by him, the learned Additional District & Sessions Judge No. l, Chittorgarh has prayed that action be taken against Shri Ladu Ram under Section 5 (2) (3) of the Contempt of Courts Act. After the receipt of the reference made by the learned Additional District & Sessions Judge No. 1, Chittorgarh, the reference was submitted before Hon'ble the Chief Justice for orders. On 5. 4. 98, Hon'ble the Chief Justice directed that the reference be listed before the regular bench. On 15. 4. 1998, the reference and the connected papers were listed before the Division Bench. The Division Bench passed the following order: " Heard. Issue notice to contemner Ladu Ram Toshniwal to show cause as to why he should not be punished for criminal contempt under Sec. 15 of the Contempt of Courts Act 1971 on the basis of reference made by Additional District & Sessions Judge No-1, Chittorgarh. ADJ No. 1, Chittorgarh is directed to ensure service of show cause notice upon contemner Ladu Ram. Notice is made returnable within four weeks from today. Office is also directed to furnish a complete copy of the reference along with materials sent by ADJ No. 1, Chittorgarh under Sec. 15 of the Contempt of Courts Act to Addl. Advocate General Mr. K. L. Jasmatiya within two weeks from today. " It appears that Ladu Ram,the contemner, addressed an application to the Registrar General of this Court on 3. 8. 98 praying that the reference made by the Additional District & Sessions Judge No. 1, Chittorgarh be rejected. That application is on record of this case.
(3.) THE attendance of the contemner could not be secured by issue of notice. Consequently, bailable warrant of arrest were ordered to be issued by order dated 2. 7. 98. On 23. 8. 99, Ladu Ram appeared in person. He prayed for an adjournment so that he may engage a counsel of his choice. On 13. 9. 99, Ladu Ram submitted an application stating that he tenders an apology. THE learned Additional Advocate General submitted that the apology was not sincere and bonafide. Shri Ladu Ram again prayed for an adjournment and last opportunity was given to him for engaging a counsel and the case was adjourned to 6. 10. 99. On 6. 10. 99, when the case was taken up for hearing, Ladu Ram appeared in person without any counsel. THE arguments of both the parties were heard and the judgment was reserved. In this case, three questions arise for determination, (1) Whether Shri Ladu Ram has committed the contempt of the court of Civil Judge (JD), Chittorgarh by making allegations against the Civil Judge in the written arguments filed on 28. 1. 98, (2) Whether the apology tendered by Ladu Ram is bonafide and sincere and (3) In case Shri Ladu Ram is found guilty of committing contempt of the court of Civil Judge (JD) Chittorgarh and the apology tendered by him is not found to be bonafide, and sincere, what punishment should be imposed on him. Question No. 1: The allegation against Ladu Ram is that in his written arguments filed by him on 28. 1. 98 he made contemptuous statements about the conduct of the subordinate court. In para no. 1 of the written statement, following allegation was made by Ladu Ram against the Civil Judge (JD), Chittorgarh: ********** ;