TARUN BHARAT SANGH ALWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This application is filed by the petitioner-Tarun Bharat Sangh to punish the respondents, Shri Ratan Katyani and Dr Upendra Dublish for criminal contempt of this court and for other incidental directions. In support of this application, affidavit of Dr Rajeev Dhavan, counsel appearing for the petitioner, is filed. Dr Rajeev Dhavan, now a Sr. Adv. of this court, has been appearing for the petitioner in this case over the last three or more years. In his affidavit, Shri Dhavan has stated the following facts:

(2.) In the writ petition filed by the petitioner, several orders have been passed by this court from time to time restraining mining activity in the Sariska Tiger Reserve area. On account of this, the mine-owners in the area and their supporters have been threatening and harassing the secretary and other office-bearers and members of the petitioner-organisation, Tarun Bharat Sangh, in several ways. On a previous occasion, one of the mine-owners had assaulted the secretary of the petitioner-organisation, Shri Rajinder Singh, in the very presence of Shri Justice M. C. Jain, a Commissioner appointed by this court, for which act he was convicted by the court for criminal contempt of this court and sentenced to imprisonment for one week.

(3.) At the instance of the petitioner-organisation, he (Dr Rajeev Dhavan) went to the Sariska Tiger Reserve area to make a spot inspection on 3/4/1993. In that connection, a meeting was organised by the petitioner-organisation at 10. 30 a. m. on 4/4/1993 in the office premises of the petitioner. When he went to the site of the meeting on that morning, he found some persons picketing at the entrance. Shri Ratan Katyani, Advocate was on the microphone. He was, however, allowed to pass and enter the meeting hall. While the meeting was in progress, some persons burst into the hall and started shouting slogans and disrupting the meeting. He went out and told the disrupters that they should not do so, whereupon they advanced towards him and surrounded him. He was pushed by one or two persons. At about 1. 00 p. m. , another incident took place which is set out in para 6 of the affidavit. It reads: