In Re Piyush Verma,A.D.S.J. vs Ajay Pandey, Advocate
2015 Latest Caselaw 4700 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

AFR
 
Reserved on 07.09.2015
 
Delivered on 27.11.2015
 
Court No. - 34
 

 
Case :- CONTEMPT APPLICATION (CRIMINAL) No. - 3 of 2013
 

 
Applicant :- In Re Piyush Verma,A.D.S.J.
 
Opposite Party :- Ajay Pandey, Advocate
 
Counsel for Applicant :- A.G.A.,Sudhir Mehrotra
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Brijesh Kumar Srivastava-II,J.

(Delivered by Hon'ble Sudhir Agarwal, J.)

1. Sri Piyush Verma, Additional District and Sessions Judge, (Ex Cadre-I), Auraiya (hereinafter referred to as the "Presiding Officer"), made a reference dated 27.08.2012 with the allegation of acts and omissions on the part of Ajay Pandey, Advocate (hereinafter referred to the "Contemnor"), in the court which constitute "criminal contempt". The reference was forwarded by Dr. Murtaza Ali, District Judge, Auraiya vide letter dated 06.11.2012. With approval of Hon'ble the Chief Justice vide order dated 17.01.2013, it was registered and notice was issued to Contemnor on 03.10.2013 to show cause, why proceeding under Contempt of Courts Act, 1971 (hereinafter referred to as the "Act, 1971") be not initiated against him.

2. In brief the complaint made by Presiding Officer of the court below is that Contemnor is continuously harassing judicial officers with his contemptuous writings and levelling contemptuous allegations against them.

(i) An application dated 13.08.2012 submitted by Contemnor in Misc. Case No.14 of 2012 Ajay Pandey Vs State of U.P. has been appended alongwith Reference letter in which he said that:

"ihBklhu vf/kdkjh vkSj is'kdkj dh nqHkkZouk vkSj /kks[kk/kMh dk ifj.kke gS"

"This is the result of fraud and mala fide borne by Presiding Officer and Reader" (English translation by the Court)

(ii) Another application dated 13.08.2012 was submitted by Sri Ajay Pandey in Misc. Case No.8 of 2012 wherein he alleged as under:

"fnukad 09-08-12 dks ihBklhu vf/kdkjh dh ,slh vk[;k i<+dj ek- ftyk tt us dgk fd bl dksVZ ds ihBklhu vf/kdkjh vkSj is'kdkj] nksuksa gh nqHkkZoukiwoZd dk;Z dj jgs gSa vkSj bl izdkj ls izk- i= fujLr djuk flok /kks[kk/kM+h ds vkSj dqN Hkh ugha gSA"

"On 9.8.2012 after going through the report of Presiding Officer, learned District Judge said that Presiding Officer and Reader both are acting with mens rea and thus, rejection of application is nothing but a fraud." (English Translation by Court)

(iii) In Misc. Case No. 17 of 2012 Sri Ajay Pandey stated:

"Fkkuk dksRkokyh ls ,d O;fDr ih;w"k oekZ dh dksVZ ls tkjh QthZ vkSj >wBh uksfVl fcuk vU; fdlh dkxt ds izkFkhZ dks nsus vk;k"

"A man from Kotwali Police Station came to serve on the applicant a forged and false notice without any supportive document."

".......blfy;s ih;w'k oekZ ihBklhu vf/kdkjh vius "kM;a= esa lQy ughas gks ldsA"

"...... therefore, Piyush Verma, Presiding Officer could not succeed in his conspiracy." (English translation by the Court)

(iv) The Contemnor filed objection in Surety Application No. 49/2002 in which question was raised about manner of court for granting bail and also accused that in the beginning, the court rejects bail application on the pretext of non-bailable crime till immoral compromise culminated between the accused and court; when immoral discussion is completed, non-bailable crime is converted into bailable crime, in continuation of it 6 accused were surprisingly granted bail on 20.07.2012, while bail of Sri Vikas Kumar and Sri Prem Nath Bisnoi was rejected on same date, this shows that the court is biased in nature.

(v) The Contemnor moved an application for contempt of Court alleged to have been committed by Special Judge/ Additional District Judge (Anti-Dacoity) containing defamatory and contemptuous allegations.

(vi) The order dated 11.4.2012 passed by the J.M. Court in Misc. Case no. 87/2012 on 11.04.2012 reveals that the court called out Sri Ajay Pandey, Contemnor to appear in the court in person in respect of received P.S. Paper bearing No. 95 G, 1-7. The Contemnor appeared in the court and asked the Presiding Officer to pass order immediately, whereupon the court said that the order would be passed after going through P.S. Report. In the meanwhile, the Contemnor Sri Ajay Pandey began to say that "Saare Judge beiman hai' Abhi order Pass karo Nahi to tumhe dekh lunga, tumhara C.J.M pandit ke nam par kalank hai' maine pahale bhi taman judges ki shikayat ki hai tum sab ki karunga". The court repeatedly asked and warned the Contemnor not to abuse but he became so furious that despite warning, went on abusing and disrupting business of the court and Contemnor even did not spare the Hon'ble Supreme Court. In this way, act of Sri Ajay Pandey not only tarnished the image of court but lowered down dignity of the Court also, which falls under purview of the contempt.

(vii) That it is also stated that this Contemnor is habitual in as much as earlier also, he was held guilty of contempt by Apex Court in Re. Ajay Pandey AIR 1997 SC 260, and in paras 43, 46, 47 the Apex Court said:

"43. Having seen the entire record, we are fully satisfied that the contemner, by questioning the conduct of the Judges through his notice and demanding apology and compensation from them as also the complaint lodged against them, especially in the language employed by him, is guilty of the "criminal contempt" and is liable to be punished therefor in both the cases."

"46. Having convicted the contemner for obstructing the course of justice by trying to threaten and overawe the Court by using insulting and disrespectful language and issuing notices and also launching criminal prosecution against two Hon'ble Judges, we sentence the contemner for the offence of criminal contempt as under:

(a) The contemner Ajay Kumar Pandey is hereby sentenced to undergo imprisonment for a period of six months. On serving this sentence for two weeks, the remaining sentence shall stand suspended for a period of two years and may be activated in case the contemner is convicted for any other offence of contempt of court within the said period. He shall be taken into custody forthwith but will be released after two weeks, to be taken into custody again if and when his remaining sentence stands activated."

"47. The Contempt Petitions are disposed of accordingly."

(emphasis added)

3. Taking cognizance of the reference dated 27.08.2012 this Court passed a detailed order on 03.10.2013.

4. On 11.12.2013 the Contemnor appeared before the Court and said that he has not received copy of Reference alongwith notice. The Court directed the office to supply the same through Chief Judicial Magistrate, Auraia. Pursuant thereto, notice alongwith copy of Reference was sent to the Contemnor. He however, refused to receive the notice alongwith copy of Reference and to this effect, a separate report was submitted by Chief Judicial Magistrate, Auraiya on 30.11.2013. The Contemnor was also required to appear before the Court on 12.12.2013 but he did not appear. Consequently, this Court, looking to the conduct of Contemnor issued non-bailable warrant vide order dated 12.12.2013 fixing 13.01.2014 for appearance and further proceedings.

5. The Contemnor appeared before the Court on 13.1.2014 and stated that he is unaware of the fact as to why he has been detained in jail and required to tell him under which provision he was put in detention. He further stated that he never refused to accept notice or any other paper and, therefore, he is not in a position to submit reply. He also raised plea of limitation with respect to contempt proceedings. The Court again, looking to his grievance that he did not possess copy of notice and Reference, directed special counsel Sri Sudhir Mehrotra, who was nominated to assist the Contemnor, to supply the said documents on that very date and granted time to file reply fixing 28th April 2014.

6. On the next date the Contemnor raised a plea that no Reference vide letter dated 30.8.2012 was received by the Court for which, the Court passed an order for making an inquiry and submit a report by the office. The office report was again considered on 9.7.2014 and the Court passed the following order:

"In the previous order dated 28.4.2014 a doubt has been expressed whether the alleged Reference letter of District Judge, Auraiya was indeed received in the Registry of this Court within one year.

Review Officer of Contempt Section appeared and produced the Reference letter which shows that the said letter was received on 5.9.2012 in the Central Dak Section and the officer concerned sent it to the Registrar (Confidential) on 6.9.2012. A dispatch register was also produced by the Review Officer which shows that it was received in the office of Admn.-C on 11.09.2012.

List on 12.08.2014 and on that date contemnor, Ajay Pandey shall again ensure his presence." (emphasis added)

7. Again when the matter came up before the Court on 26.11.2014, the Contemnor raised objection regarding limitation and also said that Reference was never received from the subordinate court, whereupon, Court directed Mr Sudhir Mehrotra to examine the matter and apprise the Court about correct facts.

8. The Contemnor then filed his affidavit sworn on 15th April 2014, raising certain preliminary objections as under:

(i) First, that original contempt Reference letter dated 27.8.2012 has never been received by this Court and proceedings can not go on the basis of Photostat copy.

(ii) Second, that Judicial Officer who has made Reference himself is a tainted judicial officer and therefore Court should decline to initiate any contempt proceeding in view of order dated 17/30.1.2013 . The contempt petition is bogus and rendered barred by time on 26.8.2013.

(iii) No officer with designation of Piyush Verma Additional District Judge (Ex Cadre 1) , Auraiya existed on that date on the roll of Additional District and Sessions Judge in the State of U.P. Sri Piyush Verma was reverted to the post of Additional Civil Judge, (Junior Division) on 28.03.2013 and was transferred from Auraiya to Jalaun in the same capacity.

(iv) The Registry sent a blank notice without mentioning address of contemnor and without annexing phototat copy of contempt petition. The proceedings are invalid in view of provisions of Section 17(2) of Contempt of Courts Act 1971(hereinafter referred to "as Act 1971") and Rule 6, Chapter 35(E) of Allahabad High Court Rules, 1952.

(v) Nobody attempted to serve notice upon contemnor since he was at Delhi from 13.11.2013 to 30.11.2013.

(vi) Sri Piyush Verma, Judicial Officer has concealed several facts in his Reference letter dated 27.8.2012.

9. On 04.05.2015 the Contemnor requested the Court that his preliminary objections should be considered first and decided since they relate to maintainability of contempt proceedings. This Court heard the matter and vide judgment and order dated 25.05.2015 decided all the preliminary objections and rejected the same.

10. On 25.05.2015 the Court then framed following charge against Contemnor:

"That you Ajay Pandey, Advocate, by words written in Misc. Application No. 14 of 2012 (Annexure-1) to reference letter dated 27.08.2012 you have written - प्रार्थना निरस्त करना पीठासीन अधिकारी और पेशकार की दुर्भावना और धोखा धडी का परिणाम है. Similarly, in Misc. Application No. 8 of 2012 (Annexure-2) to reference letter dated 27.08.2012 you have written - इस प्रकार प्रार्थना पत्र निरस्त करना शिवा धोखा धडी के और कुछ नहीं है. In support of its contention, referring officer has also quoted certain instances of using similar type of words in writing against other Court also vide Annexures - 3, 4, 5, 6, 7 and 8 of reference letter dated 27.08.2012 which is sufficient to show that you are in a habit of scandalizing Courts by words written, likewise you have also lowered down the majesty and dignity of the Courts. Thus, you have committed criminal contempt defined under Section 2 (c ) Contempt of Court Act 1971, punishable under Section 12 of the Contempt of Court Act."

11. The Contemnor did not file any reply to the charge and instead filed Review Application No. 23167 of 2015, which was dismissed on 05.08.2015. Again he filed Application No. 281734 of 2015, seeking recall of orders dated 25.05.2015 and 05.08.2015 but the same was also rejected vide order dated 07.09.2015. The Contemnor did not file any reply/ objection to the charge as such and stated that the matter may be heard finally on the basis of record already available. Hence, we heard this criminal contempt on 07.09.2015 finally.

12. The allegations levelled against Contemnor are nothing but the contents of documents he has filed before Presiding Officer of the court below making allegations against him. Since they are founded on the own documents of Contemnor, probably this is the reason he has chosen not to file any reply to the charge as the allegations are founded on own documents of Contemnor. Apparently the contents of documents, as noticed in the charge, constitute serious aspersions and allegations levelled by Contemnor upon the Presiding Officer of the court below against his integrity etc. which has the effect of not only lowering down authority of the Court but also to scandalize it.

13. The term "criminal contempt" has been defined in Section 2(c) of Act, 1971, which reads as under:

"(c) "criminal contempt" means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which -

(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or

(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;"

14. It cannot be doubted that shouting in the court and levelling serious allegations regarding integrity of a Presiding Officer of Court in an open court, and in presence of various litigants, advocates and others, is an act which is bound to lower down authority of the Court in the eyes of general public and tends to scandalize the Court.

15. Publication whether by words, spoken or written etc., on any matter or doing of any other act, which scandalizes or tends to scandalize or lowers or tends to lower the authority of any Court constitutes 'criminal contempt'. Such act, as aforesaid, if prejudices or interferes or tends to interfere with due course of any judicial proceeding also amounts to 'criminal contempt'. Thirdly, if such an act interferes or tends to interfere with or obstructs or tends to obstruct the administration of justice in any other manner, again it would constitute 'criminal contempt'. The word 'scandalize' has not been defined in Act, 1971. In Black's Law Dictionary word 'scandal' has been described as under:

"Scandal consists in the allegation of anything which is unbecoming the dignity of the court to hear, or is contrary to decency or good manners, or which charges some person with a crime not necessary to be shown in the cause, to which may be added that any unnecessary allegation, bearing cruelly upon the moral character of an individual, is also scandalous. The matter alleged, however, must be not only offensive, but also irrelevant to the cause, for however, offensive it be, if it is pertinent and material to the cause the party has a right to plead it. It may often be necessary to charge false representations, fraud and immorality, and the pleading will not be open to the objection of scandal, if the facts justified the charge."

16. In Aiyer's Law Lexicon, second edition, Page 1727, reference has been made to Millington Vs. Loring (1880) 6 QBD 190, where the word 'scandalous' has been explained as under:

"A pleading is said to be 'scandalous' if it alleges anything unbecoming the dignity of the court to hear or is contrary to good manners or which charges a crime immaterial to the issue. But the statement of a scandalous fact that is material to the issue is not a scandalous pleading."

17. In Narmada Bachao Andolan Vs. Union of India, (1999) 8 SCC 308, in para 7 of the judgment the Court said:

"7. We wish to emphasise that under the cover of freedom of speech and expression no party can be given a licence to misrepresent the proceedings and orders of the court and deliberately paint an absolutelty wrong and incomplete picture which has the tendency to scandalise the court and bring it into disrepute or ridicule."

18. Recently, the aforesaid definitions of the term 'scandalise' has been quoted with approval in Indirect Tax Practitioners' Association Vs. R.K. Jain 2010 8 SCC 281.

19. In Subramanian Swamy Vs. Arun Shourie, (2014) 12 SCC 344, the court had occasion to examine Section 13(b) as came to be amended by Act 6 of 2006. The Court observed that the amended provision enables the Court to permit justification by truth as a valid defence in any contempt proceeding if it is satisfied that such defence is in public interest and the request for invoking the defence is bona fide, unless the Court finds that it is only a camouflage to escape the consequences of deliberate or malicious attempt to scandalise the court or is an interference with the administration of justice.

20. A Division Bench of Andhra Pradesh High Court in State of Andhra Pradesh Vs. Dr. A.Gopal Menon, 1996(3) ALD 675 said :

"The test for determining whether this kind of contempt has been committed is to find out whether the act in question has a tendency to pollute the fountain of justice and whether it has a tendency to destroy the confidence of common man in the administration of justice."

21. If an impression is made in the minds of public that Judges of the Court act on extraneous considerations in deciding cases, confidence of the litigants, in particular, and, public in general, in the administration of justice is bound to be undermined. No greater mischief than that can possibly be imagined.

22. The allegation of mala fide, bad intention against a Judge clearly amounts to scandalizing the Court and is a "criminal contempt". Vilificatory criticism of a Judge functioning in the court is nothing but a clear criminal contempt since it not only affects the 'administration of justice' but also lowers the authority and dignity of the Court. It creates a distress in the public mind as to the capacity of Judge to meet out even-handed justice. Reckless and scurrilous attack made against a Judge, imputing oblique motives in discharge of his judicial functions and suggesting unholy acquaintance and constant contacts with one of the litigant to favour him/them for granting relief amounts to criminal contempt.

23. In re : S.Mulgaokar 1978 (3) SCC 339, the Court said that judiciary cannot be immune from criticism, but, when that criticism is based on obvious distortion or gross mis-statement and made in a manner which seems designed to lower respect for judiciary and destroy public confidence, it cannot be ignored. When there appears some scheme and a design to bring about results which must damage confidence in judicial system and demoralize Judges by making malicious attacks, anyone interested in maintaining high standards of fearless, impartial, and unbending justice will feel perturbed.

24. In re: Vinay Chandra Mishra, AIR 1995 SC 2348, the Court observed that normally, no Judge takes action for in facie curiae contempt against lawyer unless he is impelled to do so. It is not the heat generated in the arguments but the language used, the tone and the manner in which it is expressed and intention behind using it which determine whether it was calculated to insult, show disrespect, to overbear and overawe the court and to threaten and obstruct the course of justice. It was also observed that making allegations or aspersions on the integrity of Judge is not to be misunderstood as a outspoken fearless attitude of an advocate. Brazenness is not outspokenness and arrogance is not fearlessness. Use of intemperate language is not assertion of right nor is a threat an argument. Humility is not servility and courtesy and politeness are not lack of dignity. Rule of law is the foundation of the democratic society. If judiciary is to perform its duties and its functions effectively and true to the spirit with which they are sacredly entrusted to it, the dignity and authority of the courts have to be respected and protected at all costs. The foundation of judiciary is trust and confidence of people in its ability to deliver fearless and impartial justice. When foundation itself is shaken by acts which tend to create disaffection and disrespect for authority of court by creating distrust in its working, the edifice of the judicial system gets eroded.

25. Of late, we find a deep increase in tendency of advocates in making allegations against Presiding Officers of the Courts and thereafter also try to justify their allegations by filing transfer applications with such allegations. In the context of allegations of bias etc. against Presiding Officers made in transfer applications filed under Section 24 C.P.C. Or 407 Cr.P.C., the Court, time and again has held that apprehension of bias must be shown bona fide and reasonably. It should be substantiated by material placed before the Court. Reminding the duties of advocate, in Smt. Sudha Sharma Vs. Ram Naresh Jaiswal, AIR 1990 MP 320, the Court said that a foremost duty cast upon the counsel concerned while drafting and making allegations against the Judge concerned, is to take utmost care and caution in making wild allegations against the Presiding Judge. The counsel should realise that he is officer of the Court. Introducing fanciful and imaginary allegations for harbouring apprehension that fair and impartial justice would not be done should be avoided. Mere suspicion by party is not sufficient. There must be reasonable apprehension based on material.

26. The justice delivery system knows no caste, religion, creed, colour etc. It is a system following principle of black and white, i.e., truth and false. Whatever is unfair, that is identified and given its due treatment and whatever is good is retained. Whoever suffers injustice is attempted to be given justice and that is called dispensation of justice. The prevailing system of dispensation of justice in Country, presently, has different tiers. At the ground level, the Courts are commonly known as "Subordinate Judiciary" and they form basis of administration of justice. Sometimes it is said that subordinate judiciary forms very backbone of administration of justice. Though there are various other kinds of adjudicatory forums, like, Nyaya Panchayats, Village Courts and then various kinds of Tribunals etc. but firstly they are not considered to be the regular Courts for adjudication of disputes, and, secondly the kind and degree of faith, people have in regular established Courts, is yet to be developed in other forums. In common parlance, the regular Courts, known for appropriate adjudication of disputes basically constitute subordinate judiciary, namely, the District Court; the High Courts and the Apex Court.

27. The hierarchy gives appellate and supervisory powers in various ways. The administrative control of subordinate judiciary has been conferred upon High Court, which is the highest Court at provincial level and is under constitutional obligation to see effective functioning of subordinate Courts by virtue of power conferred by Article 235 read with 227 of the Constitution. No similar power like Article 235, in respect of High Court is exercisable by Apex Court, though it is the highest Court of land. Its judgments are binding on all. Every order and judgment of any Court or Tribunal etc., in the Country, is subject to judicial review by Apex Court. This is the power on judicial side. Thus scheme under the Constitution imposes heavy duty and responsibility upon High Court to ensure due or proper honour of subordinate Court and Judge and to save them from such scurrilous attack.

28. We also find that this very Contemnor has earlier been found guilty of criminal contempt by Apex Court also and punished under the provisions of Act, 1971 in Re. Ajay Pandey (supra) and the Court said that superior Courts, i.e. High Court as also the Apex Court is bound to protect the Judges of subordinate Courts from being subjected to scurrilous and indecent attacks, which scandalise or have the tendency to scandalise, or lower or have the tendency to lower the authority of any court as also all such actions which interfere or tend to interfere with the due course of any judicial proceedings or obstruct or tend to obstruct the administration of justice in any other manner. No affront to the majesty of law can be permitted. The fountain of justice cannot be allowed to be polluted by disgruntled litigants. The protection is necessary for the courts to enable them to discharge their judicial functions without fear.

29. This shows that Contemnor is persistent in his act of committing criminal contempt of the Court and has no remorse at all. The statement by Contemnor that he was trying to expose the Presiding Officer of his corrupt practice is nothing but an attempt on his part to scandalize the Judicial Officer, particularly when there is nothing before the Court to prove truth of the allegations levelled by Contemnor though we permitted him to do so.

30. If there is a deliberate attempt to scandalize a Judicial Officer of subordinate Court, it is bound to shake confidence of litigating public in the system and has to be tackled strictly. The damage is caused not only to the reputation of the concerned Judge, but, also to the fair name of judiciary. Veiled threats, abrasive behaviour, use of disrespectful language, and, at times, blatant condemnatory attacks, like the present one, are often designedly employed with a view to tame a Judge into submission to secure a desired order. The foundation of our system is based on the independence and impartiality of the men having responsibility to impart justice i.e. Judicial Officers. If their confidence, impartiality and reputation is shaken, it is bound to affect the very independence of judiciary. Any person, if allowed to make disparaging and derogatory remarks against a Judicial Officer, with impunity, is bound to result in breaking down the majesty of justice.

31. We cannot ignore the fact that much cherished judicial independence needs protection not only from over zealous executive or' power hungry legislature but also from those who constitute, and, are integral part of the system. Here is a case where an Advocate has appeared in court and made serious aspersions openly in presence of others against the Presiding Officer of Court. The Advocate forgotting the high status conferred upon him, by making him an officer of the Court, has chosen to malign Judicial Officer of the Subordinate Court.

32. We do not intend to lay down any code of conduct for the class of the peoples known as "Advocates", but certainly we have no hesitation in observing that no Advocate has any business to condemn a Judge by abusing etc. If there is something lacking on the part of a Judicial Officer touching his integrity, Advocates, being Officers of the Court, may not remain a silent spectator, but should come forward, raising their voice in appropriate manner before the proper authority. There cannot be a licence to any member of Bar to raise his finger over competence and integrity etc. of a Judicial Officer, casually or negligently, or on other irrelevant grounds. Here the competence and capacity of the concerned Judicial Officer has been attempted to be maligned commenting upon his integrity and honesty. It deserves to be condemned in the strongest words. No one can justify it in any manner. Thinking of intrusion of such thought itself sounds alert. It is a siren of something which is not only very serious, but imminent. It is a concept or an idea which should not have cropped up in anybody's mind, connected with the system of justice, and if has cropped up, deserves to be nipped at earliest, else, it may spread its tentacles to cover others and that would be a dooms-day for the very institution.

33. This Court has a constitutional obligation to protect subordinate judges. In Smt. Munni Devi and others Vs. State of U.P. and others, 2013(2) AWC 1546 this Court in para 10, has said:

"10. Be that as it may, so far as the present case is concerned, suffice is to mention that the Constitution makers have imposed constitutional obligation upon the High Court to exercise control over subordinate judiciary. This control is both ways. No aberration shall be allowed to enter the Subordinate Judiciary so that its purity is maintained. Simultaneously Subordinate Judiciary can not be allowed to be attacked or threatened to work under outside pressure of anyone, whether individual or a group, so as to form a threat to objective and independent functioning of Subordinate Judiciary."

34. Criticism of a Court cannot be equated with making scurrilous attack on the conduct and integrity of the Judicial Officer/Presiding Officer of the Court.

35. In the present case, an open attack by misbehaviour and abuse has been shown against concerned Judicial Officer. Wild imaginary allegations against conduct of Judicial Officer without having any material to substantiate the same cannot be tolerated, inasmuch as, it not only brings into disrepute the entire justice system but is also likely to cause serious erosion in the confidence of public in case such tendency is not snuffed at the earliest.

36. In the entirety of facts and circumstances, as discussed above, we are clearly of the opinion that Contemnor is guilty of committing "criminal contempt" as defined in Section 2(c) of Act, 1971 and the charge levelled against him stands proved.

37. Now coming to the question of sentence, we find that here is a case of a Contemnor who has not done the same for the first time but has past history, where he has been found guilty and punished even by Apex Court. He was imposed maximum punishment of six months but still he has not improved at all. The Contemnor, therefore, deserves no sympathy.

38. We, therefore, impose punishment of simple imprisonment for six months, besides fine of Rs.2,000/-. In case of non payment of fine, Contemnor shall further undergo simple imprisonment for a further period of three months.

39. We are also informed that presently licence to practice of Contemnor as an Advocate has been suspended by the Bar Council. This also shows the level of non-seriousness on the part of Contemnor to practice law as an officer of the Court in a reasonable lawful manner.

40. Besides, looking to the conduct of Contemnor and continuous interruption and nuisance in the Subordinate Court, we find it appropriate to restrain him from entering the premises of District Judgeship Auraiya for a period of five years. This restraint order shall commence from today.

41. The District Judge is also directed to keep the conduct of Contemnor under constant watch, after he starts entering premises to practice law in Judgeship Auraiya, and whenever he finds any objectionable or contemptuous attitude of Contemnor, he shall report the matter to this Court without any further delay.

42. The Reference is allowed in the manner as aforesaid.

43. A copy of this order shall be certified to the District Judge, Auraiya and Chief Judicial Magistrate, Auraiya forthwith for communication and compliance.

Order Date :- 27.11.2015

AK/AKN

Case :- CONTEMPT APPLICATION (CRIMINAL) No. - 3 of 2013

Applicant :- In Re Piyush Verma,A.D.S.J.

Opposite Party :- Ajay Pandey, Advocate

Counsel for Applicant :- A.G.A.,Sudhir Mehrotra

Order on Order sheet

Hon'ble Sudhir Agarwal,J.

Hon'ble Brijesh Kumar Srivastava-II,J.

1. The Contemnor was informed of the delivery of judgment for today through Chief Judicial Magistrate, Auraiya and we have received the report of Chief Judicial Magistrate, Auraiya dated 19.11.2015, wherein he has informed that notice of this date for delivery of judgment has already been communicated to Contemnor and acknowledgment thereof is enclosed alongwith said letter, still Contemnor is not present when the matter was taken up for delivery of judgment.

2. Since Contemnor has been found guilty for criminal contempt and punishment of simple imprisonment of six months and fine of Rs. 2,000/- has been imposed, we direct the Chief Judicial Magistrate, Auraiya to forthwith proceed against Contemnor for having the sentence served by issuing non-bailable warrant without any further delay.

3. The office shall communicate this order alongwith judgment of date to the Chief Judicial Magistrate, Auraiya, forthwith.

Order Date :- 27.11.2015

AK