ADVOCATE-GENERAL Vs. BARADAKANTA MISRA

JUDGEMENT

(1.) ON 13.2.1973, the learned Advocate -General of Orissa made an application to this Court under Section 15(1)(a) of the Contempt of Courts Act (Act 70 of 1971) against the opposite party on the allegation that the contemner had committed criminal contempt of this Court by making allegations in an application presented by him at the time when judgement was delivered in Original Criminal Misc. Case No. 8 of 1972 on 5.2.1973 by a Special Bench of five Judges of this Court.

(2.) A brief account of events leading to the filing of the impugned application (hereinafter referred to as the ("petition"), by the contemner may now he given.

(3.) THE learned Advocate -General has submitted that all the contents of the petition are objectionable and constitute contempt. For convenience only, states the learned Advocate -General, in his petition he had referred to some portions thereof. It may be noted that along with the petition the contemner had added an appendix which, according to him, was a document filed by him in Original Criminal Misc. Case No. 8 of 1972. He wanted the said appendix marked as Annexure X to be treated as a part of the petition. The disparaging remarks in paragraphs 19, 22, 23, 24, 25 and 26 of the petition which have been referred to in the application of the learned Advocate -General may now be extracted (in portions).