SUO MOTU Vs. AVNISHBHAI B. PANDYA

JUDGEMENT

(1.) This suo motu contempt was initiated in the teeth of an application dtd. 14/11/2014 submitted by the accused which was received by the Registry of this Court. The said application dtd. 14/11/2014 said to be containing allegations/grievances against Hon'ble Mrs. Justice Harsha N. Devani, former Judge of this Court. Another letter addressed on 25/12/2014, which is also said to have contained certain remarks made against the Hon'ble Judge referred to herein above, as well as allegations made against the Judicial Officer of the District Judiciary as well as Members of the Standing Committee.

(2.) By Office Note dtd. 25/11/2014, letter dated 14.11.20214 of the accused was placed before the then Hon'ble Acting Chief Justice for passing appropriate orders and as per the order dtd. 25/11/2014 passed by the then Hon'ble Acting the Chief Justice, the said communication was placed before the Standing Committee Meeting held on 1/12/2014, wherein, the following decision was taken.

(3.) The aforesaid two communications dtd. 14/11/2014 and 25/12/2014 came to be marked as Exhibit-C1 and Exhibit- C2 during the course of trial. When the matter was listed for recording the evidence of the accused, he has appeared in person on 23/2/2022. At that juncture, this Court requested the learned Senior Advocate Mr. Yatin Oza, who was present in the Court to persuade the contemner accused by putting some wisdom, so as to enable the contemner accused to take such steps as he may think fit. Pursuant to our request said exercise was undertaken and it is reported by Mr. Yatin Oza, learned Senior Advocate, that he was able to convince the contemner accused to tender unconditional apology and to withdraw all allegations made in the communications dtd. 14/11/2014 and 25/12/2014 and accordingly, contemner has today filed two affidavits. In the first affidavit, he has not only expressed remorse for having written the said letters, but has also clearly stated that he ought not to have written the said letters, and for having written the said letters, he has tendered unconditional and unqualified apology.