COURT OF ITS OWN MOTION Vs. AJIT SINGH

JUDGEMENT

(1.) The facts leading to the initiation of the proceedings for contempt of Court against Sarvshri Ajit Singh, N. D. Rahi and R. K. Sachdeva are that a civil suit filed by Ajit Singh against Bimla Wati and others was pending in the Court of Shri N. K. Bansal, Sub-Judge, Ist Class, Phagwara. Shri R. K. Sachdeva Advocate was his counsel in that civil suit. Shri Ajit Singh filed a transfer application dt. 6th Oct., 1983, Annexure 'A' under S. 24 of the Civil P. C. in the Court of the District Judge, Kapurthala, for the transfer of the case from the Court of Shri N.K. Bansal, Sub-Judge Ist Class, Phagwara, to some other Court. Since the transfer application contained scandalous accusations against the judicial conduct of Shri N. K. Bansal, on the basis of which the present notice for contempt of Court is issued, it is reproduced in detail for proper reference : -

(2.) The District Judge, Kapurthala, called for the comments of Shri N. K. Bansal, who denied the allegations made against him in the transfer application. He, however, expressed that he had no objection for the transfer of the case from his court. He requested the District Judge, Kapurthala, for initiating action for contempt of Court against the makers of these allegations against him, in his judicial capacity. The learned District Judge, Kapurthala, vide orders dated 2nd of December, 1983, transferred the case from the Court of Shri N. K. Bansal to some other court. The District Judge suggested that Shri N. K. Bansal may make a move to initiate the contempt proceedings in accordance with law.

(3.) Shri Ajit Singh on 13th Mar., 1984, filed an application Annexure 'D' before the District Judge, Kapurthala, withdrawing the allegations, which he described to have been incorrectly made. The application is as under : -