LAWS(APH)-2015-4-131

IN RE: BANDARU MADHAVA NAIDU Vs. STATE

Decided On April 24, 2015
In Re: Bandaru Madhava Naidu Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE Principal District Judge, West Godavari, forwarded to the High Court the letter dated 25.08.2014 addressed by the Additional District Judge, Narsapur, to the Superintendent of Police, West Godavari, relating to an incident that occurred on 15.08.2014 involving Sri Bandaru Madhava Naidu, MLA, Narsapur, who was stated to have abused the Additional District Judge, Narsapur, in connection with the removal of hawkers from the encroached road side on the western side of the Court complex. The Additional District Judge, Narsapur, addressed a separate letter in this regard on 28.08.2014 to the High Court. The Bar Association, Narsapur, also submitted a representation to the High Court on the issue. Thereupon, the Hon'ble The Chief Justice directed the District Judge to enquire into the matter and report. Upon due enquiry, the Principal District Judge, West Godavari, submitted report dated 19.09.2014. An Office Note was then placed before the Hon'ble The Chief Justice and the matter was directed to be placed before this Bench on the judicial side. This suo motu contempt case was accordingly registered. Appearance having been entered by the respondent/contemnor through learned counsel, upon notice; he also filed two affidavits putting forth his defence. Taking into account the gravity of the matter, this Court appointed Sri Vedula Srinivas, learned counsel, as amicus curiae.

(2.) HEARD Sri K. Chidambaram, learned counsel for the respondent/contemnor, and Sri Vedula Srinivas, learned amicus curiae.

(3.) THE Principal District Judge, West Godavari, also examined various persons who were present at the time of the incident and the statements recorded by her were also appended to the report. Perusal of the statements of Sri P.V.V. Narayana Swamy and Kum. T. Santhosh Kumari, President and General Secretary of the Bar Association, Narsapur, respectively, along with the statements of Sri M. Ram Mohana Rao, Special Judicial Magistrate of Second Class, Narsapur, and Sri Md. Shakeel Ahmed, Process Server, Additional District Judge's Court, Narsapur, manifests that the respondent/contemnor allegedly said: