STATE OF BIHAR Vs. PROCEEDING AGAINST BHARAT YADAV

JUDGEMENT

(1.) HEARD arguments of both the sides. This matter has arisen on account of a reference under Section 15(2) of the Contempt of Courts Act, 1971 (hereafter referred as 'the Act ') made by 1st Additional Sessions Judge, Khagaria through his letter dated 22nd April, 2008. The reference contains all the relevant documents as enclosures. The most relevant of those documents is the order -sheet dated 13.2.2008 passed in Sessions Trial No.46/ 1993 in which the contemnors (1) Bharat Yadav, (2) Bimal Yadav, (3) Ajay Yadav, (4) Pandav Yadav, and (5) Madan Yadav are accused and the contemnor no. (6) Ranbir Yadav is a witness.

(2.) IN the letter of reference the learned 1st Additional Sessions Judge, Khagaria has stated that in course of proceeding of Sessions Case No. 46/93 in his court on 13.2.2008 (wrongly typed as 13.3.2008) the six contemnors named above, created ugly and unfortunate scene in the court - room by taking law in their hands.

(3.) They disturbed the decency and decorum of the court intentionally and deliberately without caring for the administration of justice and ignoring repeated directions of the court to maintain peace and not to disturb the court 'sproceeding. As a result of their action the court 'sproceeding was obstructed for some time and due to resultant pandemonium in the courtroom and due to disregard by the contemnors of court 's request to maintain peace, the Presiding Officer had to step down from the court and retire to his chambers for some time.