STATE Vs. JASVIR SINGH PAWAR

JUDGEMENT

(1.) Present contempt proceeding has its genesis in the Reference made to this Court by Smt. Manjulata Consolidation officer, Sadar Kairana Muzaffarnagar for initiation of proceeding under section 2 (c) of the contempt of Court Act, 1971 punishable under section 12 of the Act. Upon receipt of reference, it would appear, the matter was processed by the office and initially the matter was referred to Administrative Judge Muzaffarnagar who opined that contempt proceedings be instituted in the matter vide comments of Administrative Judge, Muzaffarnagar dated 12.9.2005 which are excerpted below.

(2.) The matter thereafter went ahead to the end of Hon. Chief Justice who appended his approval vide order dated 15.9.2005 and thereafter, the matter came to be referred to on judicial side and the same was admitted by the Division Bench and notice was issued vide order dated 26.9.2005 of the Court. The charge was framed and served to the contemnor on 16.2.2006.

(3.) According to the allegations as embodied in the reference made to this Court , on 30.5.2005 at about 11.30 a.m, while the officer was present in court and was pronouncing the judgment in case no. 867 Maqsood v. State, which leaned against Maqsood, the party to the case of which the contemnor was the counsel, the contemnor entered the court room in a jiffy and started yelling, using filthy language against the Presiding officer stating how she dared to pronounce a decision leaning against the interest of his client and that he would teach her how the orders are passed attended with further toxic vitriol as to who had appointed her as Consolidation officer attended with further diatribe that her face should be blackened and she should be mounted on a donkey and should be paraded all over the city. He did not stop at this and continued shouting, using a language which scandalized and lowered the position of the Consolidation officer causing interference in the course of judicial proceedings and administration of Justice.