IN RE: SOMPAL SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) This Contempt Application (Criminal) has been registered pursuant to a reference made by Shri Saeed Uz Zaman Siddiqi, the then District Judge, J.P. Nagar at Amroha vide his letter dated 5th May 2010, informing this Court about certain activities of contemnors Sompal Singh, Hem Singh Arya and C.S. Gole, which took place on 6th March 2010.

(2.) On 6th March 2010, while record of the Courts was being shifted from old building, in the heart of city, to the newly constructed buildings, certain Advocates created ruckus impeding shifting work. In the meantime, C.S. Gole, Advocate, who was also Secretary, Bar Association, J.P. Nagar, with the avowed object of occupying chambers constructed for Advocates without any formal allotment in this regard, invited certain political personage, including contemnors, namely, Sompal Singh and Hem Singh Arya to hold inaugural function, who on that date delivered most bellicose speech which incensed lawyers further to intensify their ongoing agitation. The District Judge also stated that Shri Radha Krishna, Additional District Magistrate, J.P. Nagar and Kumar Singh, Additional Superintendent of Police, J.P. Nagar had cooperated with the aforesaid political personages by escorting them to the Court premises and facilitated them in delivering bellicose speech supporting agitation of lawyers, hence, they are also liable to be proceeded against under the Contempt of Courts Act.

(3.) The matter was placed before Administrative Judge, J.P. Nagar. On 05.10.2010, he recommended the matter to be placed before Hon'ble the Chief Justice for forwarding it to appropriate Court for initiating contempt proceedings against Sompal Singh, Hem Singh Arya and C.S. Gole, but did not approve proposal in respect to Shri Radha Krishna and Shri Anil Kumar Singh, district officials. After approval of Hon'ble the Chief Justice on 26.10.2010, this matter was registered as Contempt Application (Criminal) No. 21 of 2010 and on 10.11.2010, was placed before a Division Bench which opined that the three contemnors have prima-facie committed criminal contempt by satisfying ingredients of Section 2 (c) of the Contempt of Courts Act, 1971 (hereinafter referred to as 'Act' for short) and consequently issued notices to them to show cause why contempt proceedings be not initiated by framing charge against them. The actual information conveyed by District Judge with respect to the action of contemnors and others, it would be useful to reproduce hereto: