M.C. ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Court, on its own motion, had taken notice of a letter, written by one Mr. S.K. Sinha claiming to be a representative of one Jharkhand Pradesh Adhivakta Sangh, which was addressed to the President of India, incorporating facts undermining the dignity and prestige of the Court, due to which this Court vide order . dated 10.12.2009 directed that a first in formation report be registered against the so-called Mr. S.K. Sinha, who attempted to scandalize the Court by writing such irresponsible letters.

(2.) In pursuance to the order of this Court, a case was registered at Doranda Police Station, Ranchi against the so-called Mr. S.K. Sinha as to whether such a person exists and whether, in fact, is representing Jharkhand Pradesh Adhivakta Sangh, Ranchi or not as also to investigate why he, should -not be proceeded for a criminal offence of scandalising the Jharkhand Judiciary. The first, information report was, thereafter, registered and investigation was conducted. However, the report, which has now been submitted to this Court through the Advocate General in pursuance to the first information report, indicates that there is no Association in Ranchi or elsewhere which is known as Jharkand Pradesh Adhivakta Sangh. It has further been reported that there are several advocates whose initials are S.K. Sinha, who are sons of different persons, but the signature on the letter did not tally with the signature of those persons who had been examined due to which it was inferred that the said S.K.Sinha is a fictious person and claims to be representing Jharkhand Pradesh Adhivakta Sangh which also is not in existence.

(3.) It is no doubt true that this Court felt anguished with the manner in which the letter was written in an irresponsible way by a person, obviously, with an oblique motive and in order to check this menace sternly, as it is more often than not that such letters are written, which perturbs the members of the judicial fraternity, a case was ordered to be registered in order to ascertain the author of the alleged letter, who attempted to spoil the image of the Jharkhand Judiciary by writing irresponsible letters alleging that no one in the Jharkhand Judiciary was discharging his duties properly. The letter although appears to have been written by a disgruntled and frustrated man, perhaps in league with some vested interest, we are of the view that since the members of the Bar and all the Advocate Associations have already decried and condemned writing of such letter, the matter may now be put to a stop as we are further of the view that even if this case were to be left to hang on, it may, perhaps, not be able to identify the author of the letter, who might have used a fictitious name.