S S GOSAVI Vs. B K GAWALI

JUDGEMENT

(1.) THIS is a reference made to this Court under section 15 (2) of the Contempt of Courts Act, 1971 ("the said Act", for short) by the Civil Judge (J. D.) and Judicial Magistrate (F. C.) through the district arid Sessions Judge, Thane. In this reference, the learned Judge has requested this Court to take action against respondents 1 and 2 i. e. B. K. Gawali, Advocate and Purshottam Vinayak Jage, respectively under the said act, for having committed criminal contempt.

(2.) ON this reference, notices were issued to the contemners. Pursuant to the notices, the contemners have appeared before this Court through their advocates and they have filed their replies. Today, in the Court, both the contemners are present.

(3.) IN the reference, the learned Judge has referred to four instances of contemptuous behaviour particularly of respondent 1. First incident is dated 30-8-2002. On that day, the learned Judge had posted Regular Civil Suit No. 21 of 1994 for judgment. Respondent 1 was appearing in that suit for the plaintiff. The learned Judge declared the judgment in the open Court. At that time, respondent 1 was not present in the Court. The learned Judge then started evidence in another suit. Respondent 1 came to the Court and interrupted the work. When the learned Judge told him that his suit was dismissed, he stated. The learned Judge was recording evidence hence, he ignored these remarks. Thereafter, respondent 1 went to the office of the Court and, in the presence of staff members and some litigants, he addressed his client loudly as follows :<img>C:\program Files\regentdatatech\image\555.jpg</img> It is stated that these comments were made with a view to creating disaffection and disrespect for the authority of the Court. It was aimed at creating distrust in the mind of respondent 1's client and other litigants about the impartiality and fairness of the learned Judge. Statements of staff mebers in whose presence respondent 1 passed the above remarks have been sent to us and we have perused them.