PADMAHASINI ALIAS PADMAPRIYA Vs. C R SRINIVAS

JUDGEMENT

(1.) This suo moto contempt proceeding against the respondent was initiated in 1992. While hearing Civil Appeal No. 89 of 1992 filed by his wife against the respondent, this Court came across the counter filed by him before the Additional Family Court at Madras in I. A. No. 103 of 1992 in O. P. No. 1038 of 1988. It appeared to this Court that by making the statements contained in paragraphs 3 and 9 of the counter the respondent has committed contempt of this Court. Therefore, a notice was issued and he was called upon to show cause why action should not be taken against him for committing contempt of this Court.

(2.) A technical objection was taken by the respondent that the notice given to him did not clearly indicate against what the respondent was called upon to show cause. Therefore, a fresh order containing those statements was passed in his presence on 11-3-1992. By that order the respondent was again called upon to file his explanation on or before 10-4-1992. Further hearing was adjourned from time to time either because the respondent was not intimated about the date of hearing or because he did not or could not remain present on the date of hearing or because this Court could not hear it on that day. After considering the explanation, this Court on 24-2-1995 decided to issue 'Rule'. Fresh notice under Rule 6 and in Form No. 1 was issued and the respondent was called upon to show cause why he should not be punished for committing criminal contempt. Earlier, the then Solicitor General Mr. Deepankar Gupta was requested to assist the Court, but on his ceasing to be the Solicitor General he stopped appearing in this case after 12-8-1996. It appears from the various orders passed thereafter that no other law officer was requested to assist the Court and, therefore, none appeared before this Court on any of those occasions and only the respondent used to appear in the Court. Ultimately we were able to hear this case finally on 19-7-1999.

(3.) The statements made by the respondent and which, according to the notice issued to him constitute contempt of Court are contained in paragraphs 3 and 9 of his counter filed before the Family Court at Madras and read as under: Para 3.