STATE OF BIHAR Vs. SURESH PRASAD

JUDGEMENT

(1.) ON 22nd July 2003 the Registrar General was reporting to the High Court that a scene had taken place at the District Judgeship of Saharsa and the court proceedings had come to a grinding halt.

(2.) THE District Judge Saharsa sent two reports to the Patna High Court on 22nd July 2003. As these reports are the events which took place and have been reported about by no other person than the District Judge himself, it is best to reproduce these reports rather than the court giving facts on the basis of the reports. The first report of the District Judge is number 26/Confidential. It is accompanied by a report which he had received from the Sub -divisional Judicial Magistrate, Saharsa, Sri Arbind Kumar Thakur. The first report of the District Judge no. 26 is reproduced: "I am forwarding herewith a report of Shri Arvind Kumar Thakur, Sub -divisional Judicial Magistrate, Saharsa sent to me vide his letter No. 48 dated 22 -7 -2003 with a request that the same may be placed before the Hon&aposble Court for information as also for necessary action. In the above context, I may be permitted to mention that I was sitting in court and was hearing a witness when some of the advocates came inside my court and informed me about the incident that the Assistant Public Prosecutor working in the court of the learned Sub -divisional Judicial Magistrate, Saharsa had abused and assaulted the Presiding Officer of the Court on account of being directed not to put an irrelevant question to a witness who had not supported the prosecution case. I was further informed by the advocates that the Assistant Public Prosecutor shouted in his court in defiance and, thus, acted in a manner which was in derogation of the authority and the dignity of the court and these acts of the Assistant Public Prosecutor was in the view of the advocates and the general public. The situation was so volatile that all the courts stopped working here at about 1 p.m. on account of the advocates and general public rushing towards the court room of the learned Sub -divisional Judicial Magistrate. The Judge -incharge took the Assistant Public Prosecutor, noted above, into his own chamber otherwise he would have been assaulted by general public and subsequently he was escorted by an Assistant Sub - Inspector of Police who was on duty in the Court -Hajat. So far as the action of the Assistant Public Prosecutor is concerned he threw his shoe at the Presiding Officer also. I was forced by the advocates to come out of the court and I went to the learned Sub - divisional Judicial Magistrate to personally inquire about the incident as told to me by the advocates and I found the story and incident true. The acts of the Assistant Public Prosecutor appears clearly acts of disrespect to the institution of Judiciary and it is also an attack on its independence. It further appears to be an attack on the entire system of the administration of Justice and exhibits a behaviour of an employee of the State on whose behalf he was appearing in the court and exhibits uncivility and disrespect towards the court of law as also it is challenging the authority of courts and at the same time it is trampling the dignity of the court. In the above view I may be permitted to submit that the acts as reported and found are simply contemptuous. I, therefore, forward this report with these comments of mine for the kind perusal of the Hon&aposble Court and as also for necessary action."

(3.) THEREAFTER , the District Judge sent another report also on 22nd July 2003 after making due inquiries on what exactly had happened in the court of the Sub -divisional Judicial Magistrate, Saharsa. This report is no. 26 A/Confidential of the same date. This report is also reproduced: "In continuation of my confidential letter No. 26 dated 22.7.2003, I am to state that the Assistant Public Prosecutor Sri Suresh Prasad on being over ruled by the learned Sub - divisional Judicial Magistrate, Saharsa for putting irrelevant questions blurred the following expressions of abuse, "Aap jyada Kabilmat baniye, ham Aap ko didha denge. Aap murkh hai, kanun kuchh nahi jante hai aur hakimi dikhate hai. Ham aap ki hakimi ghusar denge, etc." Thereafter, he in expression of great rage, put off his shoes and hurled it at the Presiding Officer Sri A.K. Thakur, S.D.J.M., Saharsa while he was in the process of recording the evidence of RW. 1 in G.R. case No. 218/99. I request that this information may also be placed before the Hon&aposble Court."