RAMESHBHAI P RAVAL Vs. J J SHAH

JUDGEMENT

(1.) In order to consider the subject matter of the present petition under the Contempt of Courts Act (hereinafter referred to as 'the Act'), reference to certain facts would be relevant as stated herein after.

(2.) The initial basis of the present proceedings was certain observations made by this Court at paragraphs 7 and 8 in the order dated 28.1.2009 in Misc. Civil Application No.1538/2008 (Coram: Jayant Patel, J.) for review, wherein the Court had observed, thus : -

(3.) It is on account of the aforesaid observations, the petitioner herein had preferred the petition for initiation of the action under the Contempt of Courts Act. Vide order dated 13.8.2009 passed by this Court (Coram: A.L. Dave and K.A. Puj, J.J.), the cognizance was taken and the notice was issued. Thereafter on 2.2.2010 when the matter came up before this Court (Coram: A.L. Dave and Ms. H.N. Devani, J.J.), it was recorded that the party -in -person, Baldevbhai M. Patel is making improper language and improper behaviour and there is likelihood of exposing himself to fresh contempt proceedings by this Court and upon his request, this Court had permitted him to engage Advocate. Thereafter on 30.7.2010 this Court (Coram: Jayant Patel and Smt. Abhilasha Kumari, J.J.), after taking note of the order dated 2.2.2010 passed by the earlier Bench in the present proceedings had observed that the reply has been submitted dated 6.7.2010 and in the reply itself, the contempnor has gone to the extent of not only using unparliamentary language, but also had made allegation against earlier Bench of this Court. It was observed that prima facie such can be said to be a criminal contempt on the face of the Court and that too against the contempt Bench before the Contempt Bench. It was observed that the stern action and strong punishment would be required to be imposed, if ultimately sufficient explanation does not come on record.