ANIL KUMAR Vs. BAL KISHAN GIRI ADVOCATE

JUDGEMENT

(1.) The contempt proceeding in the instant case has its genesis in the letter/complaint made by the contemnors Anil Kumar and Bal Kishan Giri addressed to Hon. Chief Justice, High Court of Judicature at Allahabad dated 17.8.2009 and 14.8.2009 respectively. The genesis of the complaint made by the contemnors pertains to case crime No. 190 of 2008 under section 364, 302, 201, 147, 148, 149, 411, 404 IPC read with section 2/3 of the Gangsters Act. It would transpire that the report of the occurrence was lodged by the contemnor at P.S.Baleni District Baghpat on 23.5.2008 alleging that his younger brother Sunil Kumar along with two others namely Puneet Gir and Sudhir Ujjawal were brutally murdered at about 10 p.m.

(2.) On 22.5.2009 and their bodies were recovered from the car which was found abandoned near the Bridge of Hindon river. It was apprehended in the F.I.R that someone who were inimical to them had murdered them brutally by sharp edged weapon. It is alleged in the complaint that the accused in the triple murder case whose name transpired during investigation, belonged to very influential family of Meerut and three Judges of this Court namely Mr. Justice S.K. Jain, Mr. Justice V.K.Verma and Mr. Justice S.C.Nigam were known to the family and had proximity with the members of the said family on account of their posting at Meerut at one time or the other before elevation. It is further alleged that Mr. Justice V.K.Verma had admitted to bail two of the accused persons namely Rizwan and Wasim vide bail application No. 924 of 2009 and 1238 of 2009 on 17.7.2009 illegally and with ulterior motives despite the fact that the family of the accused was known to him while posted at Meerut.

(3.) It is further alleged that all the three Judges of this Court have been amenable to the wishes of Sri V.P.Srivastava, Senior Advocate of this Court and on account of clout of the aforesaid V.P.Srivastava; the Judges of this Court have admitted the accused to bail. It is prayed in the complaint that the bail application nos. 20781 of 2009, 20782 of 2009 and 20783 of 2009 may be recalled from the aforesaid Judges and may be assigned to some senior Judge of repute for hearing and disposal. On similar lines is the complaint made by Balkishan Giri, Advocate arrayed as contemnor no.2. However, the contemnor Balkishan Giri in his complaint has made serious allegation against justice S.K. Jain to the exclusion of two other Judges namely Justice V.K.Verma and Justice S.C.Nigam, Upon receipt of the complaint made by Anil Kumar and Bal Kishan Giri, Hon. Chief Justice passed the order dated 8.9.2009 to the effect "place it on the judicial file". On 12.11.2009, while taking up the application Nos 252730 of 2009 and 252736 of 2009 in Criminal Misc. Bail Application Nos. 20781 of 2009, Afzal Vs. State of U.P., 20782 of 2009 Badruddin Vs. state of U.P and 20783 of 2009 Mehraj Vs. State of U.P., the Division Bench consisting of Hon. C.K.Prasad C.J and Hon. Sanjay Misra, J, following order was passed-