NAGARPALIKA KAMGAR UNION AMALNER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner No. 1 Shri Fakira s/o Motiram Meshram, is the President of Nagarpalika Kamgar Union and petitioner No. 2 is the President of the Maharashtra Safai and General Kamgar Union at Amalner. Both the Unions represent the employees of the Municipal Council at Amalner, District Jalgaon. These petitioners have filed Writ Petition No. 2809/99 and on 14-6-99 a Division Bench of this Court had issued notice before admission returnable after four weeks with leave to amend. It is alleged that on 15-6-99 when Fakira s/o Motiram Meshram, attended his duties and came out of Municipal Council office at about 6. 30 p. m. , he was obstructed by respondents Nos. 2 to 7 and respondent No. 2 Rambhau threatened the petitioner as to why he had filed the writ petition before this Court and respondent Nos. 3 to 7 started beating with wooden sticks to the said Fakira. He had received serious injuries and both his legs were fractured. It is further alleged that respondent No. 2 Rambhau and respondent No. 6 Ramesh threatened to set Fakira on fire by pouring kerosene on his body. He was shifted to the hospital and his statement was recorded by the Police on the same night. Consequently, Crime No. 98/99 came to be registered against the said respondents through the Police Station at Amalner for the offences punishable under sections 143, 147, 149, 323, 504, 506 of I. P. C. which charges were later on converted for offences punishable under sections 325, 326 read with section 149 of I. P. C.

(2.) THE learned Counsel for the petitioners vehemently submitted before this Court that the acts as attributed to respondents Nos. 2 to 7 amount to interference and obstructions in the administration of justice by this Court. The alleged acts amount to Criminal contempt as defined under section 2 (c) of the Contempt of Courts Act, 1971. The learned Counsel also urged before us that this is a fit case for invoking the inherent powers of this Court under Article 215 of the Constitution and punish the respondents Nos. 2 to 7.

(3.) THE contempt petition was admitted by this Court on 30-1-2000 and rule was made returnable on 22-2-2000 i. e. today. Hence, the Contempt Petition has been taken up for final hearing.