SURESH CHANDRA Vs. RAJNISH SAXENA

JUDGEMENT

(1.) The present contempt appeal has been filed against the judgment of a learned single Judge of this Court, dated 5th Feb. 1991, under Section 19(1)(a) of the Contempt of Courts Act, 1971.

(2.) In the impugned judgment, the learned single Judge has found the present appellant guilty of committing contempt with impugnity by repeatedly violating the order of the High Court dated 9th Dec. 1988 passed in Civil Misc. Writ Petition No. 16115 of 1988 Rajneesh Saxena v. Committee of Management, S.M. College, Chandausi. The learned single Judge, after considering the circumstances of the case, has held that the apology tendered by the appellant contemner was not bona fide but a ruse to escape punishment and in the circumstances the learned single Judge arrived at a conclusion that a fine alone will not meet the ends of justice and a sentence of imprisonment is necessary. Consequent thereto, the learned single Judge ordered that the appellant contemner should suffer a civil prison for a period not exceeding one month, and in addition pay a fine of Rs. 2,000.00 failing which the appellant was required to be detained for a further period of one month in civil prison.

(3.) I have heard learned counsel for the appellant Sri Sudhir Chandra, Senior Advocate ably assisted by Ms. Bharti Sapru and Sri P. S. Baghel, the learned counsel for the respondent.