SURESH KUMAR SATIJA Vs. BALWINDER SINGH TOURI

JUDGEMENT

(1.) The present contempt appeal which has been filed under Sec. 19(1) of the Contempt of Courts Act, 1971 (for short 'the Act') is directed against the order of the learned Single Judge passed in COCP No.2490 of 2018 dtd. 12/4/2023.

(2.) Vide the said order the learned Single Judge while deciding the contempt petition filed by the appellant had directed the respondent to deposit a sum of Rs.1.00 lakh with the Punjab and Haryana High Court Employee's Welfare Association. It was also noticed that costs having been deposited as per the receipt dtd. 12/4/2023 attached with the main file, the petition was disposed of.

(3.) A perusal of the order would go on to show that the respondent had agreed to pay Rs.1.00 lakh to the petitioner, but the counsel for the petitioner/appellant herein had stated that he has instructions that the petitioner would not want any costs from the respondent, but he should be held guilty of the contempt of the directions of the Court. The learned Single Judge had also noticed that the allegations were of handcuffing the present appellant but it was only on account of the fact that a larger number of persons had gathered and tried to stop the Government vehicle from proceeding further when the Investigating Officer had taken the appellant to the shops of his sons at Abohar and thus, it was a preventive measure and even the Special Investigating Team has opined in favour of the respondent. It was in such circumstances no specific finding was recorded against the respondent and he was not held guilty and has not been convicted.