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2004 DIGILAW 668 (PAT)

In the matter of news items and Further report from the District, and Sessions Judge, Siwan v. State of Bihar

2004-07-09

body2004
ORDER A report was submitted by the District & Sessions Judge, Siwan. A Munsif-II noticing that there was a commotion outside his chambers, and that also recentaly posted Presiding Officer of the Fast Track Court, desired peace within the court premises. The day is 28 June, 2004. The time is about 11.35 A.M. Notwithstanding that even lawyers were leaving the court, as on that day there was a condolence meeting and the court was about to retire. 2. As there was a commotion outside the Chambers of the learned Munsif, he desired to know as to what exactly the excitement was about. From about the time when he was in Chambers at 10.45 A.M. he asked the court's staff to request the people outside not to make noise. He did not know what the commotion was about. Reports were received that it was the police van bringing in prisoners. The learned Munsif then went out himself and wanted to know from the incharge of police escort party, an Assistant Sub Inspector, on what is the cause of the disturbance. Instead of telling the learned Munsif that he will take control of the situation and ensure that there will be peace, this Assistant Sub Inspector gave a mouthful to the learned Munsif, harassed him, and hustled him. This was humiliation of a learned Munsif within court precincts. The District Judge has written a report on this. It is also on record that when learned Munsif II who otherwise was not in his court dress disclosed his identity and pleaded for peace within court areas the Assistant Sub Inspector along with his compliment of police personnel made the situation worst as if to chase the learned Munsif into the sanctum of his Chambers. 3. After the incident had happened there seemed to be some sort of a patch up exercise. It appears from the report that the District Magistrate has also attempted to accept the apology and recommend that the incident be consigned hereinafter. 4. When such a situation happens, the job of the District Judge is to make a report to this court as it has no power to proceed with a contempt. The contempt will be examined by the High Court. The condonation by apology, the consideration of it is the business of this Court. This was criminal contempt in the face of the Munsif within the court compound. The contempt will be examined by the High Court. The condonation by apology, the consideration of it is the business of this Court. This was criminal contempt in the face of the Munsif within the court compound. If the matter of roughing up a judge, for the only sin that he was a judge in a subordinate court and did not have the power to take care of these erring police officials, is not taken seriously then subordinate judiciary will be bullied by a constable. An event which has happened as in this case. Offering an apology in a matter like this cannot be an escape. The High Court cannot suffer a situation that a police officer or his personnel will shake up a judge in discharge of his official function. 5. To sum up Messrs. Sheo Narayan Jha, ASI, Ramakant Paswan, Constable, and Arjun Prasad Singh, Constable, are held guilty for contempt, for their actions and misdemeanors on 28 June 2004 in insulting the Munsif II, Siwan. They will be taken into custody and serve out a sentence of simple imprisonment for one week. 6. Consigned.