Court On Its Own Motion vs State
2009 Latest Caselaw 2566 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
13.

+     CRL.C.REF. 2/2009



      COURT ON ITS OWN MOTION                    ..... Petitioner
                    Through: Court on its own motion

                   versus



      STATE                                             ..... Respondent
                            Through: None

      CORAM:
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE MANMOHAN



                   ORDER

% 10.07.2009

Mr. Pankaj Gupta, ADJ, Rohini Courts, Delhi has made a report to the

th Chief Justice dated 8 July, 2009 which runs as under:

"To,

The Hon'ble Chief Justice, High Court of Delhi, New Delhi.

(Through Ld. District Judge-VIII, Rohini, Delhi)

Respected Madam,

Today was the Mediation day and in view of thereof I kept only few 08 matters for hearing. In the morning I was holding my Court as per routine. At about 10.10 AM I took matter No.3 in the cause list titled Niveditta Malik and Dinkar Dixit. Sh. Jai Prakash Prasad, advocate appeared in that matter along with the petitioner. At that time the advocate was accompanied by about ten more advocates. In compliance of the order dated 3.6.2009, Const. Surender appeared whose statement was to be recorded regarding his report about the service of the petitioner because he had given the report on the notice that "no such address was available." At that stage, Sh. Jai Prakash Prasad, counsel for few the petitioner wanted to intervene and started shouting. He was asked to wait till recording of the statement of the constable. After recording the statement of the constable I asked the advocate to make submissions. He along with other accompanied advocates started shouting. Even on my suggesting them to cool down and make submissions one by one they kept on shouting. Sh. Rajeev Tehlan, Joint Secretary of the Rohini Court Bar Association was also present in the court along with Sh. Jai Prakash Prasad. He was shouting and stating that he was the Joint Secretary and in that capacity he was competent to make submissions. As the advocates were creating a scene in the Court they were not allowing me to conduct the court proceedings. I directed them to call President and Secretary of the Rohini Court Bar Association I dictated that observation in the order sheet and kept the file aside. Then they went out of the Court room and I started dealing with other cases. After ten minutes again a mob of 20 advocates entered in the court room starting hurling abused at me and left the court room within 3/4 minutes. I was busy with my work. At around 11.20 AM a mob of 50/60 advocates entered in my room before I could understand anything all of a sudden they rushed towards the dais. My orderly Gulshan Kumar and Firoz Khan attempted to stop them but they were also pushed aside and slapped. Two advocates one of whom was Munish Chauhan and others name I do not know but whom I can identify reached the dais. They pushed my chair forcibly and they slapped me at my face. In the meantime, two advocates one of whom was Jai Prakash Prasad threw two stools lying at the podium meant for the advocates to keep their files threw the stools at the dais but I saved myself. Thereafter Munesh Chauhan and the other advocate caught hold of me from the collar and struck my head against the back wall of the dais. At this stage, I saw Ms. Rekha Sharma, Advocate standing near the door at the dais leading to the gallery of my chamber when I rushed towards that door to my chamber she also told me to leave the court room (Ab Aap Apne Chamber Mei Chale Jao). I immediately rushed to the chamber of the District Judge and brought the matter to the notice of the Ld. District Judge. After reporting the matter to Ld. District Judge, I was not in a position to take up the matters. Subsequently, I adjourned all the matters as well as mediation cases as I was not in a proper state of mind.

Report is submitted to your goodself accordingly for information and necessary action.

Thanking you,

Yours faithfully,

Sd/-

(PANKAJ GUPTA) ADJ, Rohini Courts, Delhi, Court Room No.314."

The District Judge has also submitted a report of the same date

regarding the incident of assault on Mr. Pankaj Gupta, ADJ, wherein she has

stated that on 8.7.2009 at about 11:30 AM, when she was holding the court,

a mob of advocates came from the side of her chamber shouting slogans.

They were numbering about 100. They were made to sit in the Conference

room. Mr. B.S. Rana, President of the Rohini Bar Association was leading

them along with Mr. R.S. Goswami, Member, Bar Council of Delhi. They

were making complaint against the conduct of Sh. Pankaj Gupta, ADJ

(Matrimonial Court) and were shouting slogans against him. They were insisting her to call Sh. Pankaj Gupta, ADJ in the presence of all the

members of the Bar and enquiry be made from him in their presence. The

District Judge advised them that Sh. Pankaj Gupta will be heard separately

in her chamber. Thereafter, it seems that the District Judge found that

Sh.Pankaj Gupta was already waiting in her chamber and brought to her

notice the incident of assault which took place at about 11:30AM which he

has narrated in his report referred to earlier. Thereafter, as per the report of

the District Judge, the matter was brought to the notice of the President,

Secretary and other office bearers of the Association. Beating of the Officer

by the advocates on the dais was confirmed by Ms. Rekha Sharma and

another advocate in the presence of the President, Secretary and other office

bearers of the Association. The meeting of the advocates was adjourned

with a direction to them to identify those advocates and to inform the

District Judge their names before discussing further course of action.

On the same day in the evening, a communication has been received

from the Rohini Bar Association dated 8.7.2009 wherein it has been stated as follows:

"Since an argument was taking place in above court, some of the lawyers stayed back in the court and allegedly indulged in slogan shouting etc. in the court which led to a commotion in the Court. Looking at the situation the Ld. ADJ retired to the chamber. Later on it came to the knowledge of the Bar that the Ld. ADJ lodged a complaint with the Judge incharge that he was assaulted by a group of lawyers in the court.

Rohini Bar Association strongly condemns any such incident if taken place in the court and during a meeting with the Ld. Judge incharge and other senior judges of the court requested them to name the lawyers so that action may be taken against them by the Bar as well as by the Bar Council of Delhi but the meeting unfortunately ended in a stallmate.

It is seen from the report of Sh. Pankaj Gupta, ADJ following

advocates were involved in the incident:

(i)     Mr. Jai Prakash Prasad, Advocate;

(ii)    Mr. Rajiv Tehlan, Joint Secretary of the Rohini Bar Association;

(iii) Mr. Munish Chauhan, Advocate; and

(iv) Ms. Rekha Sharma, Advocate.

Prima facie we are satisfied that this assault on the judge amounts to

the criminal contempt of court and in our opinion, this is a fit case to issue

notices to the above mentioned lawyers as to why they should not be

proceeded against under the Contempt of Courts Act for the aforesaid

th incident. Notices be made returnable on 4 August, 2009.

Let this matter be placed before the larger bench consisting of Justice

th Mukul Mudgal, Justice Madan B. Lokur and Justice Vikramajit Sen on 4

August, 2009.

CHIEF JUSTICE

MANMOHAN, J JULY 10, 2009 pk