COURT ON ITS MOTION Vs. R.S. MITTAL

JUDGEMENT

(1.) Before dealing with the issue which arises for consideration in this case, we may notice the facts leading to the suo motu initiation of the proceedings under the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) against Shri R.S. Mittal, a Senior Advocate of this Court and the developments which have taken place thereafter.

(2.) A perusal of the record shows that Regular Second Appeal No. 1414 of 1998 Rameshwar and others v. Prithvi Raj and others listed for motion hearing on 28.5.1998 before V.K. Jhanji, J. in which Shri R.S. Mittal, Senior Advocate had appeared on behalf of the appellants was dismissed as withdrawn with liberty to the appellants to file appropriate proceedings before the Financial Commissioner (Revenue). After one month and 10 days, Rameshwar son of Arjan, resident of village Ganga, District Sirsa, who was one of the appellants, appeared before V.K. Jhanji, J. along with Shri A.S. Brar, Advocate and made some complaint against Shri R.S. Mittal, Senior Advocate. On being directed by V.K. Jhanji, J., Shri K.K. Garg, Registrar of this Court recorded the statements of said Rameshwar and Shri A.S. Brar on 7.8.1998. The same are reproduced below.

(3.) After considering the observations made by V.K. Jhanji, J., Hon'ble the Chief Justice passed an order on 13.8.1998 that contempt case be registered and listed as per roster.