IN RE: NAHAR SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) Sri Himanshu Bhatnagar, Additional District Judge, Fast Track Court, Baghpat vide his Letter/ Reference dated 01.07.2010 addressed to the Registrar General of this Court, made a complaint against Sri Nahar Singh Yadav, Advocate(hererin after referred to as the 'Contemnor'), practising in Ghaziabad judgeship, that he has got a booklet, titled as 'Smarika Ghaziabad Bar Association 2007-08' (hereinafter referred to as 'Souvenir'), wherein there is an article at page Nos. 20-21, which has been written and got published by Sri Nahar Singh Yadav, Advocate. Its language is shabby, derogatory and contemptuous and tends to lower down authority of this Court. It also caused hindrance in judicial work, therefore, he requested for taking an appropriate action. It is also pointed out that earlier on a reference made by Chief Judicial Magistrate, Ghaziabad, pertaining to an incident dated 17.05.2007, a Contempt Application(Criminal) No. 5 of 2008 was registered against Contemnor and one Sri Shailendra Sharma, in which this Court vide judgment dated 16.02.2010 punished both the contemnors therein and imposed punishment of six months imprisonment and fine of Rs. 20,000/- each.

(2.) In the aforesaid article, written by Contemnor as President, Bar Association, Ghaziabad, the offending part thereof reads as under: <JUDIMG>587372-1</JUDIMG>

(3.) This Court after registering the present criminal contempt, issued notice on 09.12.2010 to the Contemnor as to why contempt proceedings be not initiated against him. The Contemnor, after putting appearance, filed objections vide Misc. Application No. 234103 of 2011, raising two objections; firstly that relevant documents were not supplied to him and secondly, questioned the notice on merits. This Court on 18.09.2012 passed following order: