STATE OF M P Vs. SONU PARASHAR

JUDGEMENT

(1.) This contempt petition is arising out of the order dated 26.4.2013 passed in Writ Petition No.653/2013. The said writ petition was filed by Sonu Parashar by contending that his candidature for the post of Senior Secondary Recruit (SSR) in Indian Navy is wrongly rejected.

(2.) It was canvassed that the height of Sonu Parashar on the basis of Annexure P/4 dated 24.1.2013 (in the writ petition) is 157.5 cm., which is much more than the cut off height, i.e., 156 cm. This certificate is issued by Dr. J.P.Sonkar, a Government Doctor. This Court while hearing the writ petition found that the certificate is unusual and unique in nature. It was mentioned in the certificate that "after four months course of exercise and medicine, his height is 157.5 cm." Thus, by order dated 25.2.2013 the Government Advocate was directed to seek instructions on the said medical certificate. In turn, Dr. Sonkar filed his affidavit dated 5.3.2013 and stated that Sonu Parashar came to him and submitted that he want to join the Navy, therefore, he is required a medical certificate. He admitted that due to mistake it has been mentioned that after four months exercise and medicine height is 157.5 cm. It is also mentioned that it was not based on any ill-intention of giving undue advantage to Sonu Parashar. Unconditional apology is also prayed for with further submission that in future he will not follow this kind of procedure and will not issue such kind of certificate. Dissatisfied with this stand of Dr.Sonkar, wherein he only admitted that certificate was incorrect to the extent it is mentioned that "after four months course of exercise and medicine, his height is 157.5 cm.", this Court directed the Government to constitute a Medical Board to measure the height of Sonu Parashar. It is apt to mention here that in the first affidavit dated 5.3.2013, Dr. Sonkar has not admitted that height of the petitioner was wrongly measured. In obedience of the Court order, the Medical Board measured the height of Sonu Parashar and found his height as 156 cm.. After receiving this medical report, this Court directed Dr. Sonkar to file his affidavit and explain his conduct. In turn, he filed his affidavit dated 9.4.2013. It is mentioned in this affidavit that Dr. Sonkar being senior medical officer instructed the subordinate staff to measure height of Sonu Parashar. The height was measured by subordinate staff through inch-tape. Dr. Sonkar recorded the height, which was told to him by the subordinate staff. In para 5 of the affidavit, it is mentioned that the mistake has been committed due to oversight in watching the centimeters on the inch-tape. However, it is defended by saying that it is bonafide. Unconditional apology is again prayed for.

(3.) If the second affidavit is examined in juxtaposition to first affidavit, it will be clear that in the first affidavit Dr. Sonkar has not made any effort to honestly admit that height was wrongly recorded. The first affidavit only shows his admission regarding giving four months course of exercise and medicine. However, in the second affidavit it is admitted that the height was wrongly recorded by the subordinate staff. This Court was not satisfied with the explanation and accordingly, by detailed order dated 26.4.2013 in the said writ petition directed the Registry to initiate contempt proceedings against Sonu Parashar and Dr.J.P.Sonkar. This order was challenged by Dr.Sonkar by filing Writ Appeal No.197/2013. The Division Bench on 1.5.2013 dismissed the said writ appeal and opined that prima facie it appears to be a serious matter and appellant has made himself liable for contempt of court. This finding is given by the Division Bench after considering the scope and ambit of Section 2(c) of Contempt of Courts Act, 1971. Section 2(c) defines "Criminal Contempt".