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2004 DIGILAW 670 (PAT)

Re-Report of the District Judge, West Champaran, Bettiah on the incident of Bagaha Civil Courts premises v. State of Bihar

2004-07-09

body2004
ORDER The present contempt proceeding has been initiated on the report of the District and Sessions Judge, West Champaran, Bettiah regarding an incident in the premises of the civil Courts, Bagaha on 11.5.2004 at about 10 to 10.30 A.M. 2. From the aforesaid report it transpires that when the Additional Chief Judicial Magistrate, Bagaha was returning from the court he saw Constable Gajendra Prasad Singh, Secretary, Policemen Association, Bagaha and Constable Rajendra Paswan and Harendra Paswan in plain clothes getting down from the vehicle of Dy. S.P. and assaulting many persons including lawyers with belt, chain, lathi and danda. In this regard the District Judge had examined as may as 24 witnesses. 3. Original Criminal, Miscellaneous no.10 of 2004 was instituted on the basis of the aforesaid report. Notices were issued and a committee consisting of the Chairman Bihar Bar Council, the President of the Bar Association, the President of the Lawyers' Association and the President of the Advocates Association, and the President of Bahaga Bar Association, was constituted. The Committee visited the Bagaha civil court and thoroughly enquired into the incident under issue and submitted its report. The report of the committee which has been submitted to the Court also supports the incident. The said report after examining the witnesses and otherwise had given some names which are common or in addition to the name of the persons involved in the assault inside the court room. All of them were made parties. On the last date notice was issued to the Advocate General as a criminal contempt has been initiated and the opposite parties were called upon to show cause as to why they be not proceeded against for committing a contempt by disturbing the peace and tranquility of the civil courts and proceedings of the court in the premises of the civil courts, Bagaha. 4. The contemnors, except one Constable Ram Janam Singh, are present in Court. They are : 1. Shyam Bihar Ram, Dy. S.P., Bagaha. 2. Gajendra Prasad Singh, Secretary Policemen Association, Bagaha. 3. Srikant Mishra, Constable. 4. Nand Kumar Pathak, Sergeant. 5. Rajendra Paswan, Constable 6. Harendra Ram, Constable 7. Gajendra Singh, Constable 8. Purushottam Singh, Constable 9. Shankar Mishra, Line Babu 10. Srinath Pandey, Constable 11. Surendra Yadav, Constable 12. Bimal Das, O/C 13. Ram Bilash Jha, Constable. 5. S.P., Bagaha. 2. Gajendra Prasad Singh, Secretary Policemen Association, Bagaha. 3. Srikant Mishra, Constable. 4. Nand Kumar Pathak, Sergeant. 5. Rajendra Paswan, Constable 6. Harendra Ram, Constable 7. Gajendra Singh, Constable 8. Purushottam Singh, Constable 9. Shankar Mishra, Line Babu 10. Srinath Pandey, Constable 11. Surendra Yadav, Constable 12. Bimal Das, O/C 13. Ram Bilash Jha, Constable. 5. The Court has been informed that the aforesaid contemnor namely, Ram Janam Singh has already been informed about the order of this Court but he has chosen not to appear. 6. The Director General of Police, Bihar and the Superintendent of Police, Bagaha are also present in Court. 7. Heard learned A.A.G. 2 at length who has tried to explain the situation as it arose leading to the aforesaid incident. This Court is not satisfied with the explanation given by them and as such charges are framed against them, for disturbing peace and tranquility in the civil Court Bagaha and this disturbing the proceeding of court and assaulting the Officers of the court viz. Lawyers and staff, a defiance of Majesty of Law land the court. 8. As far as the specific incident between 10 to 10.30 A.M. is concerned, the Additional Advocate General is not in a position to defend the same. 9. Thus, this Court frames charges against the aforesaid contemnors who are present in court. As the charges have been framed in their presence no further notice need be issued to them. 10. Let show cause, if any, be filed by them within a period of two weeks from today showing as to why the order of punishment be not passed against them for committing a contempt as narrated above. They are entitled to receive all the papers on which the Court has considered this proceeding. The Registry shall supply the papers to learned A.A.G. 2 by Tuesday. 11. List, this matter for admission after two weeks on which date all the contemnors shall be personally present in Court. 12. In the meantime the Superintendent of Police, Bagaha, shall also file a show cause in the present case giving details of action taken on the administrative side by him against the erring officers.