STATE OF GUJARAT Vs. K V JOSEPH

JUDGEMENT

(1.) The State of Gujarat is in appeal against the judgments of the Gujarat High Court in these appeals. Whereas in Criminal Appeal No. 601 of 1997, judgment in its entirety has been challenged as totally without jurisdiction, Criminal Appeal No. 602 of 1997, however, is having a limited challenge and the main grievance pertains to certain directions. For convenience sake, Criminal Appeal No. 602 of 1997 is taken up first for hearing.

(2.) Mr. K. N. Raval, the learned Additional Solicitor General of India contended that the directions contained at para 26.1 at 68-69 of the paper-book, in particular the last few lines, are not only unwarranted, but wholly without jurisdiction. For convenience sake, the same is set out hereinbelow :

(3.) The learned Additional Solicitor General highlighting the initiation of contempt proceedings in the absence of reasonable explanation from the sanctioning authority in the event of there being a delay of two months, contended that judicial proceedings ought not to prompt the judicial officers to apprehend things and pass orders on apprehensions. It has further been contended that as a matter of fact adaptation of procedure as above would not only denigrate the judiciary itself but the confidence reposed by the people to the judiciary would be shaken and resultantly a total anarchy in the judicial system.