COURT ON ITS OWN MOTION Vs. HARISH ABROL

JUDGEMENT

(1.) Sh.Suresh Chugh, a Special Metropolitan Magistrate, appointed for carrying out the functions under the Delhi Municipal Corporation Act, filed the present petition under Sections 11, 12 and 15(2) of the Contempt of Courts Act. Reference was made by him through the District and Sessions Judge to this Court and petition has been registered as a Criminal Contempt Petition.

(2.) Notice to show cause as to why contempt of Court proceedings be not initiated was issued to Mr.Harish Abrol, a Municipal Councillor, respondent/contemnor, herein. Respondent/contemnor filed his reply to the show cause notice on 17th March, 2004. An additional affidavit dated 11th August, 2004 was also filed. Finally, an affidavit dated 5th April, 2005, tendering his unconditional apology has been filed by the respondent/contemnor.

(3.) The Special Metropolitan Magistrate in the reference petition stated that while he was holding Mobile Court on 16th July, 2003 and was taking up the challans of various traders, being presented for prosecution and disposal, respondent/contemnor, Harish Abrol came along with his supporters at the venue at Multani Dhanda, Kadam Sharif, Ward 31 and stopped the proceedings of the Court. Respondent/contemnor is the area Councillor of the MCD and also the Chairman of the Ward Committee, Sadar Pahar Ganj Zone. The Magistrate stated that respondent asked the MCD staff, assisting the Court, to leave, who under his threat and coercion, left the proceedings and stood by in the corner. Respondent thereafter came and sat on a chair next to him, as if he was holding the Court. Respondent at the top of his voice forced and stopped the Special Metropolitan Magistrate from carrying out of judicial functions and instructed him not to levy heavy fines. The Magistrate stated that result of the interference by the respondent was that offenders, who were present, left the Court without attending to their cases. It is further averred that subsequently on 1st August, 2003, when he was holding the Court in Room No.25, S.P.Zone, respondent climbed the judicial platform and came behind his seat and asked him in a loud voice to stop the prosecution of the residents of his area. The aforesaid acts were reported as gross interference and obstruction in the course of judicial proceedings.