S GURDIAL SINGH Vs. S BHARPUR SINGH

JUDGEMENT

(1.) The history speaks that law by its very need is progressive. It must change to the need of the society while remaining in conformity with the statute. The pronouncement by the Court itself sometimes result necessary change in law by Legislature. Inevitable consequence of this changing law in the modern times brings the existing law being uncertain, undefined and unsatisfactory. The law relating to contempt is no exceptions. The contempt civil or criminal initially was spelt in certain scattered provisions of the Criminal Procedure Code, Indian Penal Code, Civil Procedure Code and Contempt of Courts Act, 1926. In order to bring it within ambit of more specification, the Contempt of Courts Act, 1926 was amended by Act No. 12 of 1937. The Courts still, while deciding the question arising under these various enactments, had to rely upon precedents and were called upon to refer to other laws. When it was felt necessary, the Legal Proceedings Ordinance, 1948 was promulgated which ultimately was repealed while coming into force of the Contempt of Courts Act, 1971 which attained the assent of the President of India on 24th December, 1971. This Act with some amendments here and there has been in existence till date. As per the statement of objects and reasons allowing to this special enactment indicate that the amendment was based on comprehensive examination of law and problems relating to the contempt of Courts in the light of the position prevailing in our own country and various foreign countries. There is no doubt that the jurisdiction vested in the Court under the provisions of the Contempt of Courts Act touches upon the fundamental right of a citizen in regard to liberty and secondly the right to freedom of expression. Both these protections have been considered of paramount value in all legal system where basic rule of law is to prevail various provisions relating to offence of Contempt of Courts act rather to act as linch pin.

(2.) In view of the above legislative history and wider ranged expectation of normal prudent person from the implementation of the provisions of the Contempt of Courts Act the present case proposes to give a new dimension to this law of widespread connotation, whether the individual's conduct in not adhering to the high expected standards of behavior and such conduct being not in conformity with the observations of the Court of competent jurisdiction would constitute offence punishable under the provisions of this act. In order to examine this question, it is necessary to refer to the relevant facts of this case. Petitioner Gurdial Singh, IGP (retired) was the Vice President of Sikh Educational Society at Chandigarh. This case is that Devinderjit Singh Sidhu had filed a writ petition before this Court being Civil Writ Petition No. 16085 of 1993 titled Devinderjit Singh Sidhu v. Shri Guru Gobind Singh College and Ors.. This writ petition was dismissed by the Division Bench and gave the definite finding against the respondent No. 2 Devinderjit Singh and observed as under-

(3.) After pronouncement of this judgment, a general body meeting of the said society was held. The Society is running some educational institutions at Chandigarh and other places. Bharpur Singh was nominated as Secretary by the President and he so became Principal of Guru Gobind College, Sector 26, Chandigarh. It was selection of one of the unselected candidates by the selection committee as a result of some manipulation done by Shri Bharpur Singh, that the above said writ petition was filed. Bharpur Singh was relieved of his post. Again extra ordinary meeting of the society was held on 14th July, 1994. Notices were issued to all the concerned, in this meeting again Bharpur Singh was elected as Secretary while Jathedar G.S. Tohra was elected as President and Gurdev Singh was elected as Vice President of the Sikh Educational Society. The petitioner, who was the Vice President of the Society then filed a writ petition in this Court challenging the appointment of Bharpur Singh in Civil Writ Petition No. 12840 of 1995 titled S. Gurdial Singh, IGP (Retd.) v. Union Territory Administration and Ors.. This writ petition was finally disposed of by Hon'ble Single Judge of this Court who after considering the merits of the case observed as under: