STATE OF ORISSA Vs. M S JAGGI

JUDGEMENT

(1.) Whether the allegations made by the opposite party M.S. Jaggi would constitute contempt of Court is the question which falls for our decision.

(2.) The facts : The contemner was a party in two Criminal Revisions filed in this Court He was petitioner in Criminal Revision No. 558 of 1979 and opposite party in Criminal Revision No. 432 of 1979. In both the revisions, the contemner's adversary was Subash Chandra Mohapatra. On 29-4-1980 Criminal Revision No. 432 of 1979 (in which the contemner was opposite party) was taken up for hearing by J.K. , Mohanty, J. (as be then was) when the contemner had appeared in person to argue the case. Hearing was concluded and the case was reserved for judgement. Criminal Revision No. 558 of 1979 in which the contemner was the petitioner was taken up for admission by Justice Mohanty on 14-5-1980. On that day the contemner orally told the Judge not to take up the revision as his adversary Subash Chandra Mohapatra happened to be related to the Hon'ble Judge inasmuch as the mother-in-law of the Judge and the wife of the elder brother of Subash Chandra Mohapatra were sisters and particulary when the Hon'ble Judge was residing in the house of his father-in-law right from the time of his marriage. Notwithstanding the above conduct of the contemner, the learned Judge took up the case for admission which was dismissed with liberty to the petitioner to move again after disposal of the criminal case and the contemner was asked to file an affidavit supporting his above allegations.

(3.) On 15-5-1980, when Criminal Revision No. 432 of 1979 was still pending for delivery of the judgement, the contemner filed an affidavit praying for transfer of the case to the Court of some other Hon'ble Judge. The affidavit read as follows :-