COURT ON ITS OWN MOTION Vs. VIMAL SINGH

JUDGEMENT

(1.) An application had been filed before Sh. Girish Kathpalia, Addl. Sessions Judge, Special Judge (NDPS) District North, Delhi numbered as M-3/09 entitled CBI v. Vimal Singh. The application was dated 31.09.2009 and had been filed by the learned Special Public Prosecutor, CBI in the case entitled CBI v. Haji Gul Khan & Anr. which was pending before that court at that time. By virtue of the said application filed by the learned Special Public Prosecutor, appropriate action was sought against the respondent (Vimal Singh), in view of the allegations that he had attempted to offer illegal gratification to the said Special Public Prosecutor.

(2.) Thereafter, the learned Additional Sessions Judge vide order dated 31.07.2009 directed the respondent Vimal Singh to show cause as to why appropriate contempt proceedings be not referred against him to this court. Subsequently, a reply was filed on 29.09.2009 and, in view of the stand taken by the respondent, the reply filed by the accused Abdullah in the case entitled CBI v. Haji Gul Khan & Anr. was also taken on record. The defence counsel was also heard in view of the contents of the reply of the respondent.

(3.) Thereafter the learned Additional Sessions Judge by a detailed order dated 29.03.2010 allowed the application of the learned Special Public Prosecutor and came to the prima facie conclusion that the respondent (Vimal Singh) was guilty of criminal contempt under Section 2 (c) of the Contempt of Courts Act, 1971. Consequently, invoking Section 15 (2) of the said Act, a reference was separately made to this court for proceeding further against the respondent and for award of appropriate punishment under Section 12 thereof. The matter was listed before the learned Single Judge and was numbered as CCP (REF.) 01/2010 on 26.04.2010. The learned Single Judge issued notice to the contemnor without process fee returnable on 02.06.2010. However, in the meantime, since criminal contempt matters were to be listed before the Division Bench, the matter was put up by the registry on 30.04.2010 before the learned Single Judge for appropriate orders. Consequently, on 30.04.2010 itself, the learned Single Judge directed that the matter be registered as Criminal Contempt Petition (Reference) and be listed before the Division Bench and directed that the cause title would be "Court on its Own Motion v. Sh. Vimal Singh". That is how this matter has come up before us.