(1.) IT is a contempt proceeding against Shri Bimlendu Shekhar, an advocate at Gopalganj, a district town of Bihar.
(2.) The proceeding has commenced on a reference made by a Judicial Magistrate posted at Gopalganj. The reference under Section 15(2) of the Contempt of Courts Act 1971 (hereinafter referred to as 'the Act '.) has been made after conducting an enquiry as provided under the Patna High Court Rules. The reference made by the learned Judicial Magistrate on 14 -10 -1999 contains a show cause notice issued to the contemnor in course of enquiry, reply to the show cause filed by the contemnor supported by his affidavit and some other materials. Shorn of un -necessary details the reference discloses that on 17 -8 -99 at 11 A.M. when the learned Magistrate was sitting in the court room and listening arguments of lawyers, the contemnor came and threw a bundle of papers at the Bench and went away. The contents of those papers were to the effect that the Magistrate meets accused persons in his Chambers as well as at his residence and accepts illegal gratification. According to the learned Magistrate the contents of the papers as well as the manner in which the same were thrown at the Dias while court proceeding was going on, amount to contempt because it was a clear attempt to scandalize the court as well as to interfere in judicial proceeding. Since the show cause filed by the contemnor reiterated the allegations, hence according to the Reference made by the Magistrate the show cause dated 11 - 10. -1999 filed by the contemnor is further a contempt. In the show cause the contemnor reiterated the allegations and cast another allegation that the Magistrate has appointed an illegal peon whose duty is to bring litigants in his Chamber to extract illegal gratification. The learned Magistrate has further mentioned in the Reference that the show cause notice issued by the Court was served upon the contemnor at his sitting place in the Bar by the peon of the Court, but in his show cause the contemnor has imputed false allegation that at the time of issuing show cause notice the Magistrate verbally threatened the contemnor that "I am not only a Magistrate but I have close association with some criminals of underworld and he would get the contemnor kidnapped with the help of such criminals". 18/4/2014 Page 293 R.B.S.Construction Pvt.Ltd. Versus State Of Bihar
(3.) ACCORDING to the Reference the actions and behaviour of the contemnor amount to a direct scurrilous attack upon the Magistrate which amounts to contempt of court.