IN RE: Vs. HARJEET SINGH

JUDGEMENT

(1.) PRESENT Contempt proceeding has its genesis in the Reference made by Sri R.K.Shukla Incharge, Chief Judicial Magistrate Lakhimpur Kheri, whereby a request has been made to initiate contempt proceeding under section 2 (c) of the Contempt of Courts Act, 1971 against contemnors namely Ajay Kumar and others which was duly forwarded by the District Judge Lakhimpur Kheri.

(2.) SHORN of unnecessary details, the facts are that in a brawl between Lekhpals land the lawyers, which culminated in lodging of FIR in case crime No 1874 of 2011 under sections 147, 148, 149, 307, 302, 109, 504, 506, 120 -B IPC, the police had filed charge sheet against five accused persons while as against 26 accused persons, the police had filed report under section 169 Cr.P.C. On 20.10.2011, the court heard the arguments and passed release orders in the light of police report under section 169 Cr.P.C. According to the reference made to this Court, the lawyers aggrieved by the order passed by the court, herded together before the Chambers of the Presiding officer headed by Harjeet Singh on 21.10.2011 and hurled abuses at the presiding officer attended with threat to kill him. After the chamber of the Presiding officer had been encircled by the shouting lawyers headed by Harjeet Singh, the Presiding officer initially bolted the door of his chambers from inside. After the chamber had been bolted from inside, the agitating lawyers aggressively kicked the door of the chamber and started throwing brickbats from the window. Fearing danger to his life, he called for help the colleagues judicial officers namely Sri Pankaj Jaiswal, Sri Ravit Kant, Sri Himanshu Dayal Srivastava and Sri Subhash Chandra Yadav, all judicial officers. It is further mentioned that the lawyers despite doors being locked from inside, continued to push and bang it for about 45 minutes with concomitant hurling of abuses. According to the report, the lawyers threatened to kill the presiding officer by sprinkling petrol on him. It is further mentioned that the lawyers also pelted stones from the window at the presiding officer. On account of agitation by the lawyers which was taking aggressive turn with each passing minutes, no judicial work could be transacted on that day.

(3.) IT would appear that the reference was placed before Hon the Administrative Judge Lakhimpur Kheri who passed the following order: