LAWS(DLH)-1968-12-7

STATE DELHI Vs. DEWAN RAM DASS T CHUGANI

Decided On December 17, 1968
STATE Appellant
V/S
DEWAN RAM DASS T.CHUGANI Respondents

JUDGEMENT

(1.) Rent Control Appeal No. 772 of 1966 filed by Ram Dass P. Chugani was dismissed by the Rent Control Tribunal, Delhi, on 24th November, 1966. The Tribunal received a letter dated 29th November, 1966, from Shri Chugani on 5th December, 1966, by registered post. The said letter has been admitted by Shri Chugani. The main grievance made by Shri Chugani in the said letter against the Tribunal is about his not having been properly heard. On the basis of that letter I would have been disinclined to take action for contempt and Mr. Misra, the learned counsel for the State, also agreed that there was nothing very objectionable in the said letter. It appears from the order of the Rent Control Tribunal, Delhi, dated 8th February, 1967, that the Tribunal considered that the writing of that letter as an indiscreet act. It was indiscreet in the sense that no person is entitled to enter into private correspondence with a Judge about any cause or matter. Anyhow, as the Tribunal says, it directed that no action be taken on the said letter. Another Rent Control Appeal, being No. 239 of 1966, filed by Shri Chugani, was also pending before the same Tribunal and had been fixed for hearing on December 16,1966. The Tribunal says in the order dated 8th February, 1967, that in this appeal also questions of law and act similar to the questions arising in Appeal No. 772 of 1966 were involved. The Tribunal records that it then appeared that the earlier letter dated 29th November 1966, had been written by Shri Chugani in an attempt to influence the course of justice and the decision of Appeal No. 239 of 1966. The Tribunal, therefore, ordered on 16th December, 1966, that the file of Appeal No. 772 of 1966 should be put up before it on 20th January, 1967. On 21st December, 1966, the Tribunal received another registered letter. When Appeal No. 239 of 1966 came up for hearing on 20th January, 1967, Shri Chugani was asked whether he had been writing the said letters and he replied in the affirmative. Appeal No. 239 of 1966 was, however, adjourned to 8th February, 1967, for summoning of the records of Appeal No. 772 of 1966. On February, 2, 1967, a third Rent Control Appeal No. 1138 of 1966 filed by Shri Chugani and involving similar questions of fact and law came up for hearing before the Tribunal and was also ordered to be heard on 8th February, 1967. Shri Chugani again sent a latter to the Tribunal under a registered cover which was received on 6-2-1967, and it was then that the Tribunal issued a notice to Shri Chugani lo show cause as to why he should not be proceeded against for contempt of Court. After hearing Shri Chugani the Tribunal recorded an order on 20th February, 1967, forwarding the papers to this Court for taking action under section 3 of the Contempt of Courts Act.

(2.) According to the Tribunal the written-statement filed by Shri Chugani in reply to the show-cause notice aggravated the offence. It is, therefore, necessary to briefly refer to the reply.

(3.) Paragraphs 7 and 9 of the said reply have been underlined by Mr. Misra as constituting serious contempt of Court. The said paragraphs read-