GULAB SINGH Vs. PRINCIPAL SRI RAMJI DAS

JUDGEMENT

(1.) IT is unfortunate though this petition was presented in this Court as early as 1-5-1973 notice against the respondent No. 4 could not be issued till 9-8-1974. The alleged incident of contempt is said to have taken place on 23-4-1973. For some reasons which need not be mentioned here the notice could not be issued against the respondent by this Court till 9-8-1974. Dr. R. Dwivedi on behalf of the respondent raised an objection that the proceedings against the respondent are without jurisdiction inasmuch as this Court had no jurisdiction or power to initiate proceedings against the respondent after the expiry of one year from the date on which the contempt is alleged to have been committed. Reference was made to Section 20 of the Contempt of Courts Act, 1971. Dr. Dwivedi brought to our notice a decision of the Supreme Court in the case of Baradakanta Mishra v. Mr. Justice Gatikrushna Misra, C. J. of the Orissa High Court AIR 1974 SC 2255. In this case the Supreme Court on the language of S. 20 declared as follows :-

(2.) EARLIER the learned Judges of the Supreme Court in the same case observed :-

(3.) THEN on 25-6-1974 the office reported that the said writ petition No. 1015 of 1973 had been decided on 23-7-1973 and a special appeal against the judgment of the learned Single Judge was also dismissed on 5-9-1973. This petition was then listed before a Division Bench on 11-7-1974 but no orders were passed till 19-8-1974. When the matter was listed the learned counsel for the petitioner seems to have struck off the names of the opposite parties 1, 2 and 3 from the array of the respondents and this Court issued notice against the remaining respondent No. 4 the Principal of the College, who is alleged to have in defiance of the direction of the Court not only refused to admit two of the students to take examination but also expressed words derogatory to the dignity of the High Court.