HARIDWAR PANDEY` Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this petition the applicant Haridwar Pandey desires that the persons who have been named in his relief clause be punished and sent to jail for contempt. The persons named in his relief clause are; Sri B.P. Pandey, Sr. Advocate, the Hon 'ble Mr. Justice Chandramauli Kr. Prasad, the Hon 'ble Mr. Justice R.S. Garg, and the Hon 'ble Mr. Justice B.N.P. Singh. The Hon 'ble Mr. Justice B.N.P. Singh retired in April this year.

(2.) IN this petition seeking criminal contempt action against Judges of the Superior Judiciary, the applicant has not spared even others; named in the text with derogatory language. Then on the records from Supreme Court, New Delhi, to Patna district Courts he has not even had regard for Hon 'ble Supreme Court Judges. The disparaging remarks have been on them also. Any Judge; subordinate judiciary Judge, High Court Judge, Supreme Court Judge who has decided cases against him, has come under his tongue -lashing.

(3.) THE Court intimated him that his address that the Court is obliged to issue notice would amount to delivering a notice to a Hon 'ble Judge on the Bench without examining the cause of the petition. A Judge of a superior Court of record, Judges of the Supreme Court and Judges of the High Courts, only because they are Judges of superior Courts of record, cannot be in contempt of their own Court Harish Chandra V/s. Justice S. Ali Ahmad (Full Bench), AIR 1986 Pat 65 : 1986 East Cr C 11 (Pat)(FB). The petition reads of many things said and done by the Hon 'ble Judges in discharge of their Judicial functions. If a case is decided not adverse to the petitioner,, he is not aggrieved but if the case is decided against the petitioner, according to him, the Judge is in contempt because the applicant says so. The notice cannot be issued so easily as the applicant wants it.