STATE OF BIHAR Vs. S M ABDUL SAMAD

JUDGEMENT

(1.) This is the second occasion that the respondent S.M. Abdul Samad, has been stated to have committed contempt of Court.

(2.) On the last occasion, the District Judge of Patna had made a report to this Court in the month of January, 1955, and upon that report Abdul Samad was directed to show cause why a proceeding for contempt of Court should not be started against him. He appeared personally, and he was also then represented by an advocate of this Court. He then tendered an unqualified apology for what he had done, and in the circumstances this Court thought that the apology so tendered by him may be accepted, and the rule issued against Abdul Samad was, therefore, discharged.

(3.) On the present occasion, on a report submitted by the Additional Subordinate Judge of Patna dated 20-9-1957, to the District Judge of Patna, the District Judge his submitted to this Court another report dated the 21st/23rd September, 1957, for talcing action against Abdul Samad, On the report submitted by the District Judge, Abdul Samad was directed to show cause why he should not be proceeded against for contempt of Court. This order was on 12-11-1957. On 12-2-1958, a petition was filed on behalf of the respondent through an advocate stating that in the circumstances enumerated in that petition, the proceeding taken against him should be dropped. Thereafter, on 28-2-1958, a supplementary petition on affidavit was filed by the respondent through another advocate expressing what he called an unqualified and unconditional apology and prayed that the proceeding against him may now be dropped. When the matter was taken up for hearing this morning, the respondent appeared in person and stated that he was not represented by any lawyer. When asked by the Court, however, to state if he wished to say anything, he merely said that he had not committed any offence. On behalf of the State we have heard the learned Additional Government Pleader.