IN RE: HARISH BABU GUPTA, ADVOCATE Vs. STATE

JUDGEMENT

(1.) THE genesis of present contempt proceeding is the report made by Sri. R.P. Saroj, the then Addl. Chief Judicial Magistrate/ Civil Judge (S.D.) posted at Chandausi an outlying Court of Moradabad Judgeship vide letter dated 4.9.2006 with accompanying letter of District Judge dated 7.9.2006 containing reference for initiation of contempt proceeding under Section of the Contempt of Courts Act, 1971 against Harish Babu Gupta, advocate arrayed as contemner herein.

(2.) UPON receipt of reference, it would appear, the matter was processed by the office and initially the matter was referred to Administrative Judge, Moradabad who opined contempt proceedings be instituted in the matter vide comments of Administrative Judge, dated 3.10.2006 which are excerpted below:

(3.) SRI . Kshitij Shailendra, appearing for the contemnor did not argue on merits of the case and instead, invoked the compassion of the Court for accepting the unqualified apology which the contemnor has already tendered and prayed for discharging the contemnor. He prayed for lenient view stating that the contemnor was fairly senior having already put in 35 years of practice attended with further submission that at no point of time, his conduct had departed from the path of rectitude and sobriety or of a conduct expected of a lawyer of this stature again followed by the submission that the contemnor was an old and infirm person afflicted with many diseases concomitant with old age particularly pointing to the fact that he was a chronic patient of asthma which would be borne out from the certificate attached with the affidavit filed by the deponent. It is also submitted that the events which really happened in the Court have been narrated in the affidavit sworn on 16.1.2006 by the contemnor and still, if the Court was of the view that the contemnor was guilty of contempt, it may be taken into consideration that the contemnor was not addicted to using contemptuous language and making scurrilous attacks as it was his first aberration and therefore, he should be purged and should be given a chance to expiate his aberrant behaviour.