M Y SHAREEF Vs. HONBLE JUDGES OF THE NAGPUR HIGH COURT

JUDGEMENT

(1.) This appeal by special leave arises out of contempt proceedings taken against two very senior members of the Nagpur Bar and one of their clients. Shri Shareef, one of the appellants, at one time was Minister for Law and Justice in the State. Dr. Kathalay, the second appellant, is a Doctor of Laws and an author of legal works. The matter which resulted in the issue of the show cause notices for contempt took a protracted course and has to a certain extent resulted in embittered feelings. What happened was this:

(2.) Shri Zikar who was charged along with the two appellants for contempt made an application under Article 226(1) of the Constitution for enforcement of his fundamental right, alleging that he was a citizen of Bharat, and that the Custodian of Evacuee Property and the police were taking wrongful action against him and treating him as a national of Pakistan which he never was. He prayed for an interim order of prohibition against the State from deporting him after the expiry of the permit. The High Court granted the interim order of prohibition against the action complained. At the hearing of the case on 11th August, 1950, a preliminary objection was raised on behalf of the State that Zikar had suppressed material facts in the petition filed by him and that the petition was therefore liable to be dismissed without going into the merits. Shri Shareef, who was counsel for Zikar, combated this contention and further submitted that the preliminary objection could not be adequately dealt with, without going into the merits of the case. On behalf of the State another affidavit was filed on 17th August, 1950 stating certain facts, and Zikar was also directed to file an affidavit in reply by the 21st August, 1950 and this he did by that date. The relevant proceedings of that date are recorded in these terms:

(3.) On the 23rd August, 1950 an application for the transfer of the case from the Bench hearing it to another Bench of the High Court was made on the following grounds: