GAURAV GOSWAMI Vs. AZAD SINGH

JUDGEMENT

(1.) GAURAV Goswami s/o Rasik Bihari Goswami r/o Biaripura Vrindaban, District Mathura is before this Court with a request to initiate proceedings under the Contempt of Courts Act, 1971 against Azad Singh for deliberately and willfully lowering the dignity of Court and obstructing the administration of justice by posing himself to be a Administrator of the Temple of Thakur Shri Banke Bihar Ji Maharaj Virajman at Vrindabam, District Mathura and further threatening the Police Authorities for proceedings under the Contempt of Courts Act,1971 and as well as for initiating contempt proceedings as against Shri Vijay Bahadur Yadav, Ram Autar Kaushik, Vijay Pratap Singh and Shri Amarjeet Singh.

(2.) BRIEF background of the case as is reflected that there is a temple known as Thakur Shri Banke Bihar Ji Maharaj Virajman at Vrindabam, District Mathura and as per the complainant, same belongs to Shayanbhog branch of the Sect. Complainant has proceeded to mention that he is directly concerned with the Seva, Puja and Management of the Temple under the scheme framed for Original Suit 156 of 1938 ( Onkar Nath and others vs. Phundi Lal and others) on 31st March, 1939 and his submission is that Civil Judge (Junior Division), Mathura has resumed the total control of the Temple in his hands and his submission is that 15 Golaks are kept in the premises of the Temple in which the devotees put their offerings which includes cash, ornaments both silver and gold. It has been further submitted that a practice was developed to open the Golak at the end of the month and the same was opened by the Commissioner appointed by the Civil Judge (Junior Division), Mathura and inventory is prepared. He has further proceeded to mention that he has gathered information that large scale illegalities are being committed by the Golak Commissioner appointed by Civil Judge (Junior Division), Mathura for opening of the Golak and in league with the employees with the employees of the Temple, funds of the Temple are being misappropriated. It has also been mentioned that an application was moved for the change of Golak Commissioner and request was made that police should proceed in the matter but a letter was sent by the Civil Judge (Junior Division), Mathura as an Administrator mentioning therein that there was a scheme duly approved by the High Court in respect of Management, as such the matter be first placed before the Civil Judge (Junior Division), Mathura and in case any illegality is found then the Administrator would proceed with the case. It was also submitted that on this letter no action has been taken by police and this has impelled the applicant to be before this Court by mentioning that criminal contempt has been committed by Azad Singh and other officials of subordinate judiciary also by their act and conduct have committed criminal contempt.

(3.) AT the outset, the contempt proceeding has been initiated only as against Shri Azad Singh and thereafter over stretching the scope and ambit of contempt jurisdiction, the other judicial officers have been impleaded as parties namely Shri Vijay Bahadur Yadav, the then District Judge, Mathura (now retired), Shri Ram Autar Kaushik, the District Judge, Mathura, Shri Vijay Pratap Singh, the then First Additional District Judge, Mathura (now transferred) and Shri Amarjeet Singh, Civil Judge (Junior Division), Mathura.