AMAR PRAKASH Vs. A NATRAJAN SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS contempt proceeding relates to an unfortunate incident, which had taken place in the courtroom and chambers of Sri D.N. Barai, 1st Additional District & Sessions Judge at Bhagalpur on 18.11.1997, when several police officials in pre -planned and calculated manner had made murderous attack on him.

(2.) SINCE admittedly the incident had undermined the dignity of Courts of the whole country, Judicial officers, Judges, Lawyers and Organisations like Bar Council of India, the Bihar State Bar Council, Judicial Officers ' Association & Advocate Associations, including lawyers of the High Court felt insecured and humiliated. It would appear from various affidavits and newspapers that the State Government, the Chief Secretary, the Director General of Police, and other various organisations of the State had also condemned this unfortunate and unprecedented incident. We fully appreciate the sentiment and reaction of the lawyers and different authorities, as noticed above. Because for any civilised and law -abiding citizen, such a reaction is quite natural. Undisputedly for the first time the Courts have noticed such unruly criminal act, when a judge was attacked and assaulted in his courtroom and Chambers, by those who have taken oath to maintain law and order and to protect every law abiding citizen from any illegal act. Perhaps such criminal act has never been done by hardcore criminals and terrorists even at the time when death penalties are awarded by the Judges.

(3.) ON 18.11.1997, the Vth Additional District and Sessions Judge, Bhagalpur, submitted a report to the Registrar General of this Court, indicating the manner of the occurrence and names of some of the police officials who according to him, had taken active part in the incident. But before elaborating the details of the incident, it would be advisable to state few. facts, which admittedly gave rise to the occurrence on 18.11.1997.