IN REFERENCE Vs. VIJAY DUBEY AND OTHERS

JUDGEMENT

(1.) This reference under Section 15(2) of the Contempt of Courts Act, 1971 is initiated against the non-applicants on the basis of a communication dated 24.8.2012, received from the District and Sessions Judge, Indore.

(2.) On 22.8.2012, the District and Session Judge, Indore forwarded a letter, addressed to the Registrar General of the High Court, signed by most of the Judicial Officers working in the establishment of District and Sessions Court, Indore, making a protest with regard to certain acts said to have been committed by the non-applicants and various other advocates between 17.08.2012 to 21.08.2012. It was stated that, against a particular lady, Additional District Judge, certain complaints were made and on the ground that complaints are not being acted upon, a call for boycott of court was given by the bar association and on that basis it was alleged that certain incident took place where in the act of non-applicants was amounting to contempt of court. Based on the communication made by the judges, so also by concerned lady, Additional District Judge, two letters were sent by the District and Sessions Judge, Indore to the Registrar General of High Court on 24.8.2012. Both these letters were received by the registry and a note-sheet was prepared by the Registrar (Judicial) on 18.9.2012, indicating that the incident indicated in the communication received amounts to criminal contempt, as contemplated under Section 2(c)(ii) of the Contempt of Courts Act, and recommendation was made to initiate criminal contempt against nonapplicants. The matter was accepted by the Principal Registrar-Judicial on 24.9.2012 and after concurrence of Hon'ble the then Acting Chief Justice, the proceedings have initiated.

(3.) On notice being issued, non-applicants have appeared and each has filed a separate reply, by denying the allegation levelled against them and also indicating that they will never think of indulging in such an act.