LAWS(CHH)-2009-3-19

STATE OF CHHATTISHGAR Vs. NANDU PRASAD SONI

Decided On March 17, 2009
STATE OF CHHATTISHGAR Appellant
V/S
NANDU PRASAD SONI Respondents

JUDGEMENT

(1.) THE contemnor/respondent addressed a complaint to His excellency the Governor of Chhattisgarh, contents of which are per se contemptuous. Government of Chhattisgarh, Department of Law and Legislative Affairs forwarded the said complaint for appropriate action to the registrar General, High Court of chhattisgarh, on the basis of which the instant contempt proceeding was registered.

(2.) SHOW-CAUSE notice was issued to the contemnor. The contemnor appeared in person and submitted that he is not in a position to engage counsel, whereupon counsel was provided to him through Chhattisgarh high Court Legal Aid Committee. He submitted his reply on 15. 6. 2007 and denied having committed any contempt and further stated that he had drawn attention of the court towards the facts, which were not considered, and reiterated his grievances in reference to the proceedings of Writ petition No. 2104/01, which was filed by him and dismissed by this Court on merits. Along with his reply he also filed several documents including the order dated 2nd january, 2006 passed in WP No. 2104/01. However, no affidavit in support of the reply was filed.

(3.) HE again submitted an application on 25. 8. 2007 and prayed for deciding the matter on the basis of his reply dated 15th June, 2007 as he is unable to engage private counsel and he also alleged that the advocates provided to him through Legal Aid are not willing to contest his case.