STATE Vs. L. AMAR NATH BAGOTRA, MIRPUR

JUDGEMENT

(1.) We have before us for consideration two rules issued on 28th Poh 1992 under the provisions of clause (20) of the constitution of this court one to Lala Amar Nath Bhagotra and the other to Lala Diwan Chand both of Mirpur to show cause why they should not be committed to jail or otherwise punished for the contempt of the court presided over by Sahibzada Moh'd Umar, Magistrate, 1st class in Mirpur where while Lala Diwan Chand requested for the post-oponment of the delivery of the judgment by the Magistrate in criminal case- Mst. Rasool Bibi Vs. Makhdoom Hussain -from 23rd Poh 1992 the announced date to 26th Poh 1992 the date suggested by him and Lala Amar Nath opposed the request, both behaved in an unbecoming manner, used foul language and attempted to use or show force. Both Lala Amar Nath and Lala Diwan Chand have submitted unqualified and abject apologies though Lala Amar Nath has asked the court to consider whether the Magistrate was continuing the judicial proceedings and the incident interfered with the administration of law while the Magistrate after having heard the arguments was listening to the request of Lala Diwan Chand to alter the date already fixed: and Lala Diwan Chand has submitted to the court that the matter has been represented to this court in a somewhat exaggerated form and that he never intended to show any contumacy to the court.

(2.) The affidavit of Sahib-Zada Moh'd Umar is very definite and explicit and there is nothing on the record to contradict it. Although we gave opportunities to both the gentlemen to let us have their version of the affair they did not avail of the same and a perusal of the written apologies clearly shows that the statements made in the affidavit are wholly and entirely correct. There can be no question that the Magistrate was, as he says, busy in judicial work which he resumed after the interruption by this unbecoming incident.

(3.) There can be no manner of doubt as to the guilt of both Lala Amar Nath and Lala Diwan Chand. We take a very serious view indeed of the conduct of both these persons having regard to their vocation and status in life and we consider that when gentlemen of this class indulge in the use of filthy abuse and show of force in a court of Law the contempt ordinarily can be purged only by commitment to jail.