STATE OF U P Vs. SAMAR SINGH

JUDGEMENT

(1.) -The present contemner was noticed from this Court under an order dated 8.9.1997 asking him to appear on 20.10.1997 and to show cause why he should not be punished for Contempt of Court in view of the allegations made in the letters dated 19.6.1996, 15.7.1996 and 16.7.1996 of Sri Chaturbhuj, the then Ist Additional Chief Judicial Magistrate, Ghaziabad, to the District Judge, Ghaziabad, indicating how Samar Singh had been threatening the said Presiding Officer to pass orders in his favour and otherwise to face consequences, as indicated in the said letters.

(2.) THE first letter dated 19.6.1996 by Sri Chaturbhuj was addressed to the District Judge, Ghaziabad, in relation to Case Crime No. 73 of 1996, State v. R. D. Plastic, under Section 39/40 of the Indian Electricity Act relating to P.S. Kotwali, district Ghaziabad, concerning conduct of Sri Samar Singh, Advocate, on behalf of the accused in that case. THE letter indicated that on 19.6.1996 when the Judicial Officer was busy in his Court, an application was presented by the Advocate, upon which a report from the A.P.O. was sought and it was directed to be put up with the records. Upon this, the Advocate, Samar Singh, allegedly uttered some uncivil words APSABD and went out of the Court room. Again, at about 3.15 p.m., when the application was placed along with the records, Sri Samar Singh was not present. THE learned A.P.O. drew attention of the Court to para 2 of the application wherein allegations against the Presiding Officer, touching his integrity, were made. THE Presiding Officer then remembered that on the same day at about 9.30 a.m., Sri Samar Singh had threatened him over telephone for having decided a case allegedly without hearing him. He also allegedly threatened the Judicial Officer that he was to reap the consequences therefor. When asked over phone as to who was speaking, he disclosed his name as Thakur Samar Singh. In the application, that was filed in the concerned case on that date, it was indicated that the High Court was being approached for an enquiry against the Judicial Officer. Thus, Thakur Samar Singh by his threats over phone and by his presenting such application had lowered the prestige of the Court. Letter dated 19.6.1996 further indicated that Samar Singh had first appeared in the concerned case on 2.5.1996 and had presented an application, but the application was never pressed. THE application was appended with a copy of the order of the appellate court and the application was put up for hearing on 10.5.1996 in terms of the direction of the appellate court. None appeared on 10.5.1996 or on the adjourned date of 14.5.1996. THE allegation of Samar Singh that he was not given an opportunity of hearing was, thus, baseless.

(3.) THESE three letters were forwarded by the District Judge, Ghaziabad, to the Registrar on 31.7.1996 with his opinion that proceedings for Contempt of Court against Sri Samar Singh, Advocate, should be initiated.