STATE Vs. DHRUBA CHARAN BAHALI

JUDGEMENT

(1.) THIS is a proceeding initiated by this Court on its own motion under Section 15 of the - Contempt all Courts Act, 1971 (Act 70 of 1971) (hereinatfer referred to as the Act) read with Rule 2 (a) of the Rules made thereunder by the Orissa High Court against one Dhruba Charan Bahali the alleged contemner in the context of the admitted facts stated hereinafter.

(2.) UNDER annexure 1, the contemner, a resident of Rourkela addressed an undated petition to the Chief Justice of the Orissa High Court alleging that the local subordinate Judge Shri Satchidananda Das was busy in collecting illegal gratification; that on one occasion he brought the contemner under warrant and after snatching certain money from his pocket released him immediately. Therein it was further stated that the Subordinate Judge was harassing the parties with a motive to collect illegal gratification and that if the local Public Prosecutor Shri Bipin Babu is contacted the whole truth would come out. He prayed for an inquiry into the matter. Another undated petition (annexure -2) was sent to the Registrar of this Court which is a verbatim copy of annexure -1. A third petition dated 25 -9 -1974 (annex -ure -3) was addressed to the Chief Justice. It is purported to have been seat by the inhabitants of Rourkela, but not signed by any person. The additions in this annexure 3 which on translation are thatShri Das was collecting illegal gratification through certain lawyers, his oetich clerlcad his brother. Parties who do not bribe him are harassed. As an instance, it is said that a warrant was issued against Shri D. C. Bahali (the contemner) and as he was brought under warrant, Shri Das snatched away one hundred rupees from his pocket and then released him. The contemner and one Gitarani Bahali will bear testimony to this fact. This incident has created a flutter in Rourkela and Sunder -garh, If a judicial inquiry is held into the matter, the amount Shri Das has collected in the meantime by way of illegal gratification from Rourkela will be known and that Rou -kela had never seen before such a corrupt judicial Officer. There the prayer was that the High Court may investigate into this and immediately get him transferred.

(3.) FT filed an affidvit in the High Court alleging that the Subordinate Judge on one occasion removed Rs. 100/ - from your pocket and released you; And WHEREAS it appears that your acts, conduct and writings, referred to hereinbefore, prima facie constitute contempt of Court, inasmuch as such acts conduct and writings scandalise or tend to scandalise or lower or tend to lower the authority of the said Court of the Subordinate Judge, Udit -nagar (Rourkela), You, Phri Dhruba Charan Bahali are hereby called upon to appear in person and show cause befonethis Court on 28 -4 -75 at 11 A. M. why you shall not be punished or any other appropriate order be not passed against you for the contempt of the Court of the Subordinate Judge, Uditnagar (Rourkela), TAKE NOTICE that in default of showing cause on the said date and time, this Court shall proceed to consider the matter and pronounce judgment your absence notwithstanding. Given under my hand and seal of the Court, this the 31st day of March, 1975. By Order Of The High Court Sd D. Hota Registrar Memo No. 6800 dt. 2 -4 -1975 ' Copy forwarded to the Advocate General. Orissa Cuttack for information. He is requested to cause his appearance in the case on behalf of the State at an early date. Sd/ - D, Hota Registrar The contemner Bahali first appeared before the Court on 28 -4 -1975 and prayed for extension of time to show cause and to be exempted from personal attendance. Time was allowed till 10th of Tune, 1975 and his personal attendance was dispensed with subject to the condition that as and when required he must appear before the Court, The matter was put up before the Court for orders on 30 -6 -1975 when again time was prayed for. But it was rejected in the following manner: