MOHAMMAD ZAHIR KHAN Vs. VIJAI SINGH

JUDGEMENT

(1.) When the,above miscellaneous application was called on for hearing today, after hearing the petitioner we were inclined to think that since the earlier order dated 16th August, 1991 was passed by a Division Bench comprising our learned brothers S. Ratnavel Pandian and K. Jayachandra Reddy, JJ. It would be more appropriate that this miscellaneous application also be placed before a Bench of which either of them is a party. Just when we had dictated this part of the order that the petitioner addressed the Court in a loud tones; "either he is an anti-national or the Judges are antinationals". He continued to make similar contemptuous statements scandalising the Court and, therefore, we were constrained to direct notice to issue against him for committing contempt. We, therefore, directed notice to be served on the petitioner forthwith to show cause why action for Contempt of Court should not be taken against him. We directed the Registry to forthwith serve the show cause notice on him and further directed that the matter be called out at 12.45 p. m. We also directed the petitioner not to leave the Court and he was present in Court when the notice was served on him. The learned Attorney General who was in Court was also requested to assist this Court and he did so but since he was required in another partheard matter, Mr, G.L. Sanghi, learned Senior Counsel assisted this Court for which we are grateful to both of them.

(2.) Exercise of jurisdiction of this nature is in fact a painful duty which this Court is called upon to perform not because any allegation is directed against a Judge or Judges of this Court or to vindicate personal honour but to maintain the dignity and decorum of this Court. That is what this Court observed in a recent judgment in Delhi Judicial Services Association v. State of Gujarat, (1991) 4 SCC 406. It has been observed in that case that the object of punishing a contemner is to protect the administration of public justice and not judges personally.

(3.) The notice issued to the contemner to show cause sets out the events that took place in Court this morning. The record of the events is as under: