G N VERMA Vs. HARGOVIND DAYAL

JUDGEMENT

(1.) THE contemners opposite parties have been called upon to show cause why they should not be punished for having committed contempt of this Court. The facts leading upto the issue of the notice can be stated as below :-

(2.) ON May 18, 1973. Sri G. H. Verma, Honorary Secretary, High Court Bar Association, Allahabad, lodged an application in this Court bringing to its notice the earlier mentioned resolutions and the publication thereof in the National Herald, the Pioneer and the Northern India Patrika. The application said that the contemners (opposite parties) were guilty of having committed contempt of this Court in passing and publishing the aforesaid resolutions and may be punished accordingly. Under orders of then Chief Justice this application was listed before one of us, who then was sitting on the Bench which dealt with contempt cases. Since, however, the allegations contained in the application amounted to criminal contempt and a Single Judge could not take cognizance of it, it was directed that the matter be laid before the Chief Justice for nominating a Bench of two Judges for its disposal. The application was then directed to be listed before the life imprisonment Bench consisting of two Judges. On August 17, 1973, that Bench directed issue of notice to contemners 2 to 4. At a later stage on 18th of February, 1974, when the matter came up before us, we, recorded the statement of Hargur Charan Srivastava (Contemner No. 2) and, in view of the material contained in his statement, we passed an order the same day directing that show cause notice may also issue to contemner No. 1. It is thus that all the contemners have appeared before this Court to show cause against the notice issued to them.

(3.) WE propose to deal with the aforesaid points in the order in which they have been stated.