R P VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these contempt proceedings initiated by the subordinate court, this Bench of five senior most Judges of this Court has been constituted because of the importance of the legal question referred to it by a Division Bench of this Court by order passed in Criminal Miscellaneous Application No. 6752 of 2000 on 11-12-2000. The main question that requires decision is whether High Court can take congnizance of contempt proceedings in this case or it is only the Supreme Court on its judicial side which can deal with the case. The other related question is whether in fact any contempt has been committed and whether the proceedings initiated are within limitation under Section 20 of the Contempt of Courts Act, 1971 and if contempt has been committed and the proceedings are within limitation, what is the gravity of the contempt and what punishment deserves to be imposed.

(2.) On the basis of the affidavit filed by the alleged contemners the facts no longer in dispute are as under:

(3.) On 11-02-2000 the Joint District and Addl. Sessions Judge, Bhavnagar addressed a letter directly to the Registrar of the Supreme Court of India and sent it to the Registrar of this High Court for communicating the same to the Supreme Court of India to take congnizance of the contempt which is alleged to have been committed of the Supreme Court in the course of criminal proceedings in his court.