Court On Its Own Motion vs D.R. Lakhani
1995 Latest Caselaw 95 Del

JUDGMENT

(1) Notice of contempt issued by this Court to Mr. D. R. Lakhani to show cause why action for contempt of Court be not taken against him on the basis of averments contained in the reference sent by Mr. S. N. Kapoor, Additional District and Sessions Judge, on 19 September, - 1994. Relevant part of the reference in so far as the same relates to Mr. Lakhani is at page 3 which reads as under : "FROM amongst the Advocates, whose names figure in the complaints time and again, include S Shri Rajesh Chandra Sharina, Surinder Kumar Sharma, B. .. Sharma, D. R. Lakhani and R. K. Kochhar and S. K. Raizada, who have allegedly been supporting- slog a shouting etc. Some young Advocates have also be supporting but their names have not come specifically in any of the reports received."

(2) Mr. R.N. Mittal, who appears for Mr. Lakhani, states that in none of the reports which have been sent along with the reference, the name of Mr. D. R. Lakhani appears.

(3) He has also filed a reply to the show cause notice issued to him. He has specifically denied the allegations of slogan shouting and has stated that : ''INany event, I specifically deny that I ever supported slogan shouting etc. or that I have been supporting slogan shouting etc. I respectfully state that the aforesaid allegation against me is simply wrong and misconceived."

(4) In view of the fact that no particulars have been mentioned regarding the date and time when alleged slogan shouting has been done by Mr. Lakhani. we do not think that he can be held guilty of contempt of Court in the instant case. We may note that it has been held in Morris & Ors. Vs. Crown Office (1970) 2 Q.B. 114 (1) that slogan shouting in Court amount to contempt of Court, but that judgment has no relevancy to the present case.

(5) The notice issued to him is, accordingly, discharged.