EMPEROR Vs. JAGANNATH PRASAD SWADHIN

JUDGEMENT

(1.) Jagannath Prasad Swadhin, opposite party, has appeared in this Court in response to a notice directing him to appear before this Court on 1 March to show cause why he should not be punished for contempt of Court in respect of two applications one of which was written and sent by him to the Judge, Small Cause Court, Cawnpore and the other to the Munsif, Akbarpur, in connexion with Civil Case No. 2059 of 1937 Jagannath Prasad Swadhin V/s. Shambhoo Dayal. The opposite party was plaintiff in the suit referred to above and the suit was pending in the Court of the Small Cause Court Judge of Cawnpore. During the pendency of that suit, the opposite party sent an application by post to the address of the Small Cause Court Judge in the course of which he made inter alia the following remarks: ...that you acted at the instigation of your reader who is in the habit of taking bribes. Just in the same manner all the officials of your Court including the Munsarim who occupies the position of authority, takes bribes. You in order to encourage bribes unjustly dismissed my Suit No. 4881 of 1933 Jagannath Prasad V/s. Gulzari Lal and Ors. and Suit No. 4486 of 1934 Jagannath Prasad V/s. Kallumal Udairam and out of religious bias, grudge and malice, illegally awarded costs and ruined me. Similarly, in Suit No. 4109 of 1935 Jagannath Prasad V/s. Jageshwar and Ors. you out of your cleverness did not give any opportunity of summoning a witness of Dhanbad...and while I had gone away for an application to be written you even dismissed the above suit in the manner stated above. Having had the experience of seeing justice administered in the above cases and considering your attitude, I have absolutely no hope that you will do justice in the above case, in spite of the fact that the defendant is admitting my claim word by word.... You have taken steps to ruin mo out of grudge and malice in spite of the fact that my case was substantiated from the facts on the records of the cases. The Judges of the High Court who feed themselves with public money blindly and whose fat salaries have brought about the ruin of the country have considered your judgments as correct out of your regard and to meet the obligations of friendship have dismissed the revisions without going through the records. I have lodged a complaint against his to the U.P. Congress Ministry on 4 August 1937, as under no Government any credit can be given to Judges like yourself, who ruin the public and bring disgrace to the Government by killing justice. Justice is the foundation of every Government.... No just minded Court will do such mischief as you have done to ruin me. Your acts of injustice have compelled me not to file suits although they can be proved in every detail.... Having no confidence in you, I am submitting my statement in writing along with this application.

(2.) A note is appended at the foot of this application the material portion of which is as follows: You are annoyed at me as I am a congress man. I will not attend the Court on the date of hearing unless you assure me of my being out of danger by sending me a verbatim copy of your order allowing this application, as you and your reader have several times attacked me with filthy language and which I do not wish to tolerate in future.... In case I do not receive any intimation from you till the date of hearing and in consequence I do not attend the Court the responsibility of all that will lie on you and you will have no power to dismiss my suit in default.

(3.) On receipt of this application, the learned Small Cause Court Judge on 11th September 1937, submitted a report to the District Judge and annexed the application to that report. By his report, the learned Judge invited the District Judge to bring the matter to the notice of this Court for necessary action. The District Judge accordingly brought the matter to the notice of this Court. In his report the learned Small Cause Court Judge stated that he was not at all keen to try the case of the opposite party as it appeared that the opposite party apprehended that he will not have justice from his Court. The learned Judge however pointed out that he had no power to transfer the case from his file and observed that the applicant should move the District Judge for the transfer of the case. The District Judge presumably in view of this observation contained in the report submitted by the Small Cause Court Judge transferred the case to the file of the Munsif of Akbarpur. The learned Munsif dismissed the suit of the opposite party and then on 1 October 1937, the opposite party filed an application, purporting to be an application for review of judgment, before the learned Munsif of Akbarpur. In the course of that application he made inter alia the following remarks: ...When I went to affix my signature on the judgment, I saw that the Court, had, by way of a precautionary measure and by way of malice and grudge, made some further notes below the judgment passed against me.... I, the petitioner plaintiff, was acquainted with the learned presiding Judge of the Court since the time he was an Additional Munsif and knew him to be a very clever person. A Court of law is just like a doctor and adopts a harsh and unjust mood towards a weak person.... During the pendency of the case, the Court maintained an attitude of malice and grudge which had arisen against my vakil at the time of the displeasure of the Additional Munsif...the Court after reading the application which I, the petitioner plaintiff, made against the Judge of the Small Cause Court in the hope of justice being administered to me took part of the Court and knowingly passed the unlawful judgment at the expense of justice simply to harass the plaintiff petitioner by injustice. This judgment can never be considered to be correct in any dream of the conception of law...I make this application to the Court by way of review of judgment and at the same time give directions that in future such mischiefs, based on injustice should be avoided even in dreams to cause harm to any party who happens to be weak or whose pleader may not be present, otherwise this action of yours will have an unfavourable effect on the prestige of the Government and justice and will prove detrimental to the cause of the country. Now the time is gone when the Court used to work havoc in the public by exercising almighty powers. If you fail to take into consideration this petition of mine you should remember that I will picket the open Court and if the matter is prolonged I will also go on hunger-strike and will have no regard for a sentence of imprisonment...petitioner will be compelled to wage a war against the Court, fought by no one in the world upto this time.