SUO MOTO Vs. MANOJ SHARMA

JUDGEMENT

(1.) THESE suo moto contempt proceedings have been initiated by the court on account of the disruption of judicial proceedings caused by the President, the General Secretary and other office bearers of the Rajasthan High Court Bar Association, Jaipur and also by the other members of the Bar accompanying them. In the midst of the judicial proceedings at about 11.30 A.M. today, Mr. Manoj Sharma, the President and Mr. Bhuvnesh Sharma, the General Secretary of the Rajasthan Bar Association, Jaipur alongwith many other advocates rushed into the court room and asked the court not to pass adverse orders in the matters in absence of the advocates. They also started threatening and pressurising the court under the guise of request, for not proceeding further in the matters. When the court told them not to interfere in the judicial proceedings, they started shouting, "when other courts are accommodating why this court is not accommodating us ". The Secretary Mr. Bhuvenesh Sharma said, Another advocate said, Some other advocate said. When the court told them not to pressurise the court and the litigants or to cause any interference in the process of administration of justice, or else the court would be compelled to pass orders against them, they said and then started shouting slogans in the court room. The court under the circumstances had no alternative but to stop the judicial work and to retire in the chamber, declaring that appropriate orders shall be passed in the matter.

(2.) AT this juncture, it is relevant to mention that on account of the indefinite strike call given by the Bar Associations at Jodhpur and Jaipur, raising protest against the setting up of Circuit Bench at Udaipur, the courts are not able to function since last about fifteen days. The court therefore on 6.8.2013 had passed the following order in SBCMA No. 51/12:-

(3.) IT is needless to say that as per Article 215 of the Constitution of India, the High Court is a court of record and has all the powers of such Court including the power to punish for contempt of itself. As held by the Apex Court in case of Supreme Court Bar Association Vs. Union of India and Another (1998) 4 SCC, 409, the jurisdiction under Article 215 is an inherent jurisdiction and is essential to enable the courts to administer justice according to law in a regular, orderly and effective manner and to uphold the majesty of law and prevent interference in the due administration of justice. Para 12 of the said decision reads as under :-