STATE OF U P Vs. RAM DAS TYAGI

JUDGEMENT

(1.) THESE proceedings for punishing Sri Ram Das Tyagi, Advocate, for committing contempt of Court of the District Judge, Ghaziabad have been initiated on the basis of a report made by the District Judge.

(2.) THE report submitted by the District Judge and the papers accompanying the same show that on 10th March, 1980 after the District Judge had delivered judgment in S. T. No. 137 of 1977, Sri Ram Das Tyagi presented an application for releasing accused Lala Ram on bail THE District Judge directed that notice of the said application should be given to the District Government Counsel and thereafter he retired to his chambers. Reader of the Court, Sri Raghuraj Singh Tyagi, then asked Sri Ram Das Tyagi to supply a copy of the bail application, so that the same may, as directed by the District Judge, be delivered to the District Government Counsel. While furnishing the said copy to the Reader, Sri Ram Das Tyagi threw a paper-weight, kept on (he table of the Court, at the picture of Mahatma Gandhi which was hanging on the wall facing the dias and the glass fixed in the picture-frame was smashed. At the same time Sri Ram Das Tyagi uttered the following words :-

(3.) SUBSEQUENTLY the presence of Sri Tyagi was secured and he engaged Sri V. C. Misra, Advocate to represent him. He filed a counter affidavit on 8th of December, 1982 owning therein that as reported by the reader of the District Judge he did say that immediate justice was not being received from the court, but he neither accepted nor questioned the correctness of the report made by the reader concerning his conduct in throwing a paper-weight at the picture of Mahatma Gandhi. In the affidavit Sri Tyagi criticised the District Judge by saying that he was in the habit of sitting in court at 11 a. m. and retiring at 3 p. m., thereby causing great inconvenience to the members of the Bar. According to him the action of the District Judge was detrimental to the interest of the litigants and that during his tenure it became impossible to get any application decided early and bail applications never used to be disposed of the same day. He claimed that he (Sri Tyagi) was accustomed to leading disciplined life and that he has been active member of Rashtriya Swayam Sewak Sangh and belonged to Bhartiya Janta Party and that his innerself revolts as and when he finds something detrimental being done to the interest of people. He took pains to justify his remark regarding non- receipt of prompt justice from the court in the context that justice delayed was justice denied. In paragraph 12 of the affidavit he mentioned thus :-