Order After 1.15 p.m. today when the Judges were about of rise, Mr. S.K. Singh Advocate came in front of the dais and started shouting at the Court master that the petitioner should be placed immediately before the Court He was advised to restrain himself. However, he raised his voice and continued to shout at the Court Master and at the Judges shout that “Judicial Officers have sold Challans and yet the Judges of this Court were not taking Cognizance of the same", Mr. Singh threw a file at the Court Master. We may here mention that this Advocate was present yesterday and mentioned a matter for urgent hearing, end after perusing the same one of us (Chief Justice) felt that the matter was not urgent and the petition should be presented in the Registry for being listed after the Registry scrutinizes the papers. The contemnor also shouted saying that corruption is rampant among the Judicial Officers in the Lower Courts where Challans are sold, and yet his petition filed in the High Court was not being listed. He paid no head to the advice and caution by the court of restrain himself and continue to shout at the Court that he was not afraid to any one including the Judges and would settled all scores. Several counsel, who were present in Court attempted to restrain Mr. Singh, but to no avail, end he continued with his tirade. At this stage, we were left with no option, but to call a police officer to ensure that Mr. Singh does not grapple with the Court Staff. When a member of the security Staff came near Mr. Singh and tried to restrain him. He assaulted him. PTI Correspondent, Mr. Dhananjay Mahapatra, tried to restrain the contemnor, while he was grappling with the security personal. At this stage, Mr. Singh shouted at the other security personal not to come near him or to touch him as he was the brother of the Police Commissioner, It is pointed out at this stage by Mr. L. K. Garg, Advocate, who is present in Court, that Mr. S. K. Singh had even uttered the words "Gaddars" (traitors) for Judges This, prima facie, amounts to lowering the dignity of the Court further. Learned Senior Counsel Mr. Keshav Dayal, Mr. R. K. Saini, Dr.
L. K. Garg, Advocate, who is present in Court, that Mr. S. K. Singh had even uttered the words "Gaddars" (traitors) for Judges This, prima facie, amounts to lowering the dignity of the Court further. Learned Senior Counsel Mr. Keshav Dayal, Mr. R. K. Saini, Dr. B. L. Wadhera, and a large number of learned counsel, who are present urged the Court to proceed against Mr. S. K. Singh. Advocate for contempt of Court. Even when we are in the precers of dictating this order, the contemnor has been trying to raise his voice aggravating the contempt. At this stage one of the learned counsel present in Court tried to persuade Mr S. K. Singh to apologies for his conduct. On which the said contemnor replied in our presence that he is not at all at fault and it is the Court staff and Judges who are at fault The above acts on the part of the contemnor prima facie amounts to criminal contempt in the face of the Court. Now that it is 1.30 p. m. we will pass final orders after 2 p. m. In the meantime, Mr. S. K. Singh will remain in Court till the Court resumes its afternoon session. We, therefore, issue notice to the contemnor in exercise of powers under Article 215 of the Constitution of India why he should not be punished for criminal contempt of the Court in the face of the High Court on the facts above mentioned. 7 1 97 (Another Order) Present Mr. S. K. Singh, Advocate Contemnor. Cr. C.P. 1/97 A Copy of the above show cause notice was handed over to the contemnor in the afternoon session and he was asked to come forward with his defence, if any. He submitted that he refuses to take cognizance of the notice unless the write petition filed by him, which is lying under objections and mentioned by him, is listed. He refused to make his defence or say anything even though a further opportunity has been given to him after he had mentioned as above. He submits that the threat of action for contempt is being held out of him to save the prestige of judiciary. In fact, he menacingly looked at the Stenographer and asked him to not down this sentence also.
He submits that the threat of action for contempt is being held out of him to save the prestige of judiciary. In fact, he menacingly looked at the Stenographer and asked him to not down this sentence also. In the light of the show cause notice and in the light of the repeated opportunities given by us to the contemnor and as be refused to offer any explanation and while we are in the process of dictating this particular paragraph the contemnor shouted at us and told us to stop and that the court Cannot pass any order till his request for listing of the writ petition is decided, we have no choice but to hold that he has no valid defence. The question of listing of the writ petition cannot be linked up with this matter inasmuch as he has to remove objections raised by the Registry and till then, that case cannot be listed. The facts mentioned in the show cause notice in regard to which no tenable defence is offered, clearly amount to criminal contempt, namely, his shouting at the Court staff and at the Court, the threatening manner in which he raised his voice and was interrupting the Court, his assaulting the security personal inside the court his, telling the other security personal not be come near him as he is the brother of the Police Commissioner and his throwing a files across the table to the Court Master these acts, in our view, clearly amount to criminal contempt of Court in the face of the Court. The contemnor leave aside showing any regard or penitence, has further been interrupting and shouting at the Court while the order was being dictated. We do not think that this is a case for showing any indulgence or lenience more to because he is an Advocate of whom dignified behaviour and conduct is expected. More so because such conduct is not expected of Lawyer. The conduct of the contemnor before us is highly depreciable and tents of lower the authority and dignity of Court and interferes with dues course of judicial proceeding. We, therefore, hold the contemnor clear guilty of contempt of Court in the face of Court falling within Article 215 of Constitution of India and the next question will be to decide the quantum of sentence.
We, therefore, hold the contemnor clear guilty of contempt of Court in the face of Court falling within Article 215 of Constitution of India and the next question will be to decide the quantum of sentence. On the question of sentence, the contemnor was asked whether he had any thing to say. He replied threateningly that the Court will not sentence him. Here we are bearing in mind the fact that the above incident happened in the face of the Court and the behaviour was contumacious and belligerent before the issue of the show cause notice and during the time when the show cause notice was being read out and also while we are passing the final order. We are again bearing is mind the fact that the contemnor is an Advocate, who is required to assist in upholding the dignity of the Court and majesty of law. We are told that he is enrolled as a member of the Bar council in Bihar. The procedure which we have adopted above, in our view, is consistent with the principals of nature justice. We have also borne in mind the cognate previous of the Contempt of Court. Act, while exercising powers under Article 215 of the Constitution of India. As the conduct of the contemnor is extremely contumacious, deliberate and reprehensible, we are of the view that the contemnor ought to he sentenced to six months simple imprisonments. We do so accordingly. The contemnor will be taken into custody and taken to Tihar jail today itself. A copy of this order be sent to the Bar council of Bihar. Before parting with the case we may note the contemnor has torn off the show notice given to him and told the Police Inspector to give the same to the Judges.