RAM PRATAP SHARMA Vs. DAYA NAND

JUDGEMENT

(1.) These are appeals under Section 19 (1) (b) of the Contempt of Courts Act, 1971 against the judgment and order dated 1 December, 1975 of the Full Bench of the High Court of Punjab and Haryana.

(2.) The appellants wrote a letter on 20 February 1975 to the President with copies to the Prime Minister. Chief Justice of India, the Chief Minister of Haryana and Haryana High Court. The letter was signed by 15 members of the Bar belonging to the District Bar Association, Bhiwani. In that letter they brought to the notice of the President that Justice D. S. Tewatia of the Punjab and Haryana High Court visited the session division of Bhiwani and inspected the Courts from 14 February 1975 to 19 February 1975.

(3.) In that letter they further stated as follows:"The learned Judge met the members of the Bar Room, Bhiwani. During the course of the meeting the learned Judge criticised the Government's policy in regard to its attitude towards the judiciary. Besides, the learned Judge was openly attacking the Government in its political as well as administrative decision. On the whole he gave an impression that he was not a Judge but a politician who had come to Bar Room. When the members of the Bar who had gone to meet the learned Judge in the P. W. D. Rest House, Bhiwani he discussed politics with them and criticiased the present executive in general and the Congress Party in particular. He suggested the members of the Bar to revolt against the present Government as it has suppressed the civil liberation (sic) of the individuals and has also failed miserably in all fields. The Judge further said that the prevailing systems of Government is not good in this country and we must adopt the communist form of Government which can save the nation. Later on, he had some private political discussion with the local C. P. M. leaders. He also accepted the hospitality of the Technological Institute of Textiles (Mills) People who also took him for a sight seeing from Dadri to Pilani. The members of the District Bar Association highly regret the attitude of Justice D. S. Tewatia and urge the Government to take appropriate action in this regard."