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2009 DIGILAW 956 (AP)

In Re Sri Sitaram Chaprala, Advocate, High Court of A. P. v. .

2009-12-31

L.NARASIMHA REDDY

body2009
ORDER The proceedings in this case are initiated by this Court, suo motu, under Section 14 of the Contempt of Courts Act, (for short 'the Act'). The facts that gave rise to the initiation of proceedings are, as under: 2: W.P.No. 13053 of 2007 was filed by Mohd. Ameerullah Khan, and five others, represented by their General Power of Attorney, who is none other than the 4th petitioner therein. It was filed for a Writ of Mandamus, to declare that action of the Commissioner, Serilingampally Municipality, the 1st respondent therein, in not taking steps to remove the unauthorized and illegal constructions made upon Acs.5.10 guntas of land in Sy.Nos.200, 201, 205 and 206 of Kondapur Revenue Village, Serilingampally Mandal, and in not considering the representations made by the petitioners, as illegal, arbitrary and contrary to the A.P. Municipalities Act. Initially, it was listed for admission in the year 2007 itself, and thereafter it underwent adjournments. 3. The writ petition was listed for admission before this Court on 3-11-2009. Sri Sitar am Chaparla, who filed Vakalat in that case, proceeded on the assumption that the writ petition related to payment of wages to the employees of the Municipality, and submitted that the cause in the writ petition does not survive, since the amounts have been paid during the pendency of the writ petition. When it was brought to his notice, that the subject-matter of the writ petition is land, and not wages of employees, he sought adjournment of two weeks. However, since the matter was still at the admission stage, even after two years, it was directed to be listed on the next day, i.e. 4-11-2009. 4. Learned counsel started his argument on 4-11-2009, stating that this Court must initiate action against the person responsible for printing his name in the cause list, vis-a-vis the writ petition, and that he did not file his Vakalat, at all. According to him, it was one, Sri N. Bharath Babu, Advocate, who presented the writ petition, and on account of printing his name, wrongly, he has been subjected to unnecessary tension. On such representation, this Court verified the record and found that Sri Sitaram Chaparla filed his Vakalat 10 days, after the writ petition was filed. The record was shown to him, and he was asked as to whether the Vakalat, that staI1ds in his name; was filed by him, at all. On such representation, this Court verified the record and found that Sri Sitaram Chaparla filed his Vakalat 10 days, after the writ petition was filed. The record was shown to him, and he was asked as to whether the Vakalat, that staI1ds in his name; was filed by him, at all. He s;;1id that the signature on the Vakalat was made by him. When he was asked as to why he made such a representation, disowning the Vakalat, he became furious at once, and said that the posting of the writ petition was unwarranted, and that the Court, meaning thereby, the Judge, is exceeding the limits. He went on throwing challenges and made gestures and uncharitable comments. Attempts made by the Court as well as the Advocates, most of them Seniors, present in the Court; did not pacify him. On the other hand, he became further enraged, virtually humiliating the Court, and throwing challenge to it. 5. The attention of the learned counsel was invited to Section 14 of the Act, and he was given a bare Act, with a request to read the provisions. After reading the provision, he just gave a careless smile and said that, he too will initiate contempt proceedings against the Court, i.e. the Judge. It is under these circumstances, that the proceedings under Section 14 of the Act were initiated, and an order, directing his detention, for one-day; was passed on that day. 6. If what has happened in the Court on 4-11-2009 was objectionable, the development, that has taken place on the intervening night of 4th/5th November, 2009, is unfortunate. It appears that on behalf of the contemnor, House Motion was moved before a Division Bench, at about midnight, against the order of detention. There cannot be any plausible objection for availing such remedy. What is really intriguing is the attempt made to prevail upon the Judge,. whose order is under appeal to annul his own order. It needed fairly good amount of determination to uphold the dignity and majesty of the institution of judiciary. 7. There cannot be any plausible objection for availing such remedy. What is really intriguing is the attempt made to prevail upon the Judge,. whose order is under appeal to annul his own order. It needed fairly good amount of determination to uphold the dignity and majesty of the institution of judiciary. 7. On the next day, the Registrar (Judicial), has placed before this Court, an order passed by the Division Bench in the Contempt Appeal, which is to the effect that the contemnor was set at free, in the early hours of 5-11-2009, but was directed to be produced before this Court at 10.30 a.m. The case was called at 10.30 a.m. itself. The contemnor was produced. 8. Right at the commencement of the proceedings, he tendered unconditional apology, and said that he feels sorry for whatever has happened on the previous day. He was informed that he has an option to insist that the proceedings be heard by another Court/Bench. He replied, stating that he has full faith in this Court, and wanted the proceedings to be given a quietus. The matter was passed-over to post-lunch session, enabling him to put in writing, whatever he intends to say. 9. During the lunch hour, the Registry informed that the contemnor has filed a contempt case against me, alleging illtreatment to him, in the Court, on the previous day. When the Court-reassembled at 2:15 p.m., the contemnor filed an affidavit, tendering unconditional apology. He was asked as to whether this is the only affidavit filed by him on that day; or whether he has presented any other papers into Court. On hearing this, he was taken aback, and said that, on his behalf, a Contempt Case was filed, and that it has since been withdrawn, as not pressed, before lunch hour itself. It was brought to his notice, that the Contempt Case was very much with the Registry, up to 2:00 p.m., and that he has every right to pursue the proceedings. He became a bit emotional and said that he was utilized by many Advocates, to avoid Benches, since quite good number of Hon'ble Judges of this Court have directed that the matters, in which he appears, be not posted before them. This Court was rather surprised to hear this, and made two observations, viz.,. He became a bit emotional and said that he was utilized by many Advocates, to avoid Benches, since quite good number of Hon'ble Judges of this Court have directed that the matters, in which he appears, be not posted before them. This Court was rather surprised to hear this, and made two observations, viz.,. (1) that the Intuition of Judiciary is like a fresh water lake, in which a needy person can quench his thirst and anybody who contaminates the lake would be doing great disservice to the society and to himself; and (2) that even where an unfortunate woman is driven to flesh trade by greedy men she follows certain norms and ethics, and a tendency to use the legal profession only to avoid Benches would be worse than that. 10. The contemnor represented that he would not give scope for such instances in future. Himself and learned Additional Advocate-General, who was assisting the Court represented that they have no more submissions to make. In the affidavit filed by him, tendering apology, the contemnor stated that he has withdrawn his Vakalat in the writ petition, and that he is no more on record. The Registry was directed to issue notice to the 4th petitioner, to appear before this Court on 20-11-2009 and apprise this Court, of the steps taken by him. The custody of the contemnor was terminated and the matter was adjourned to 20-11-2009. 11. Few days thereafter, but before 20-11-2009, the contemnor moved an application, with a prayer to reopen the proceedings, and moved a lunch motion. He was informed that he can argue that application on 20-11-2009 itself. 12. On 20-11-2009, the 4th petitioner in W.P.No.13053 of 2007 engaged two advocates, viz., Sri S.V. Bhatt, and Sri Kishore Roy, and filed an affidavit. He stated that he did not engage Sri Sitaram Chaparla, as his advocate, nor does he know him. To a specific question, the contemnor has also stated that he did not see the 4th petitioner in the writ petition, at any point of time. He further said that the Vakalat with 'No Objection", was brought to him by an Advocate, who initially filed the writ petition, and it is the same advocate, who has taken consent form him, thereafter. Though the arguments in the contempt case were concluded on 5-11-2009 itself, the contemnor advanced extensive arguments on 20-11-2009. He further said that the Vakalat with 'No Objection", was brought to him by an Advocate, who initially filed the writ petition, and it is the same advocate, who has taken consent form him, thereafter. Though the arguments in the contempt case were concluded on 5-11-2009 itself, the contemnor advanced extensive arguments on 20-11-2009. He stated that he would like to withdraw the unconditional apology tendered by him on 5-11-2009. 13. He brought along with him, a Book, entitled" A Caste Captures A.P. Judiciary". Written by Justice B.S.A. Swamy, a retired judge of the High Court, who is no more, and tried to read portions of certain pages in which there is reference to me. He was told that it is open to him to rely on whatever material he intends to do, and make his submissions. The contemnor has also made a request that the matter be posted before another Court. His conduct on that day was similar to the one, exhibited on 4-11-2009. He has also filed an application with a prayer to permit him to withdraw the unconditional apology, tendered by him on 5-11-2009. The matter was adjourned to 24-11-2009. 14. On that day, the contemnor and few Advocates appeared. Some of the Advocates represented that the contemnor is regretting for what has happened, and that the proceedings may be dropped. The contemnor has made similar request. However, it was brought to their notice that a notice, sent by the contemnor, requiring me to explain as to why contempt proceedings be not initiated against me; was received. The advocates were a bit surprised. This, in brief, is the background of the case. 15. Learned Additional Advocate General submits that the developments that have given rise to the initiation of these proceedings pose threat to the very sanctity and majesty of the Court, and that such tendencies deserve to be curbed, at any cost. He further submits that the contemnor has no remorse, much less, any self-control, and that this is not the first time that he behaved in this manner with the Judges of this Court. 16. The contemnor stated that he would stand by whatever he did, and said in the Court, that he cannot compromise with his self-respect. He further submits. that this Court may not hear the proceedings. 17. It is rather unfortunate that the situation, which has been mentioned above, has arisen. 16. The contemnor stated that he would stand by whatever he did, and said in the Court, that he cannot compromise with his self-respect. He further submits. that this Court may not hear the proceedings. 17. It is rather unfortunate that the situation, which has been mentioned above, has arisen. It hardly needs any mention that a perfect, effective and impartial adjudication can take place, only if the atmosphere in the Court is peaceful and congenial. Advocacy is a profession, as old as the very concept of adjudication. Though the forms of adjudication may be different, a respectable and enduring solution to human problems, or some of them would be possible, only through effective presentation of the disputes by the parties, or their representatives, and impartial and well-informed adjudication by the Court. 18. A wronged person knows about his grievance, more than any other individual. However, when it comes to the question of seeking redressal for the wrong, the assistance of person, who has clear understanding about the system of law, and who possesses the skills of presentation, and ability to convince the Court; becomes essential. If an advocate, in his individual capacity, or the legal profession, in general, holds the institution of judiciary with respect, the objective is, to ensure that a free mind addresses the issue, involved. It is incidental that the person presiding over the Court receives such respect. Any lapse or shortfall in this regard is likely to have its impact on the ultimate quality of adjudication, and some times upon the result also. The responsibility to keep the atmosphere in the Court congenial, is equally upon the Court. Utmost restraint is to be exhibited and at any cost, the cause before it must not suffer, on account of the deviations, if any. Though codification of the norms, in this regard, was done to a substantial extent, what become essential is the determination and inclination On the part of those, connected with the institution, to uphold its dignity. 19. The facts of the present case disclose that, it all started with the representation made by the contemnor, which was totally unrelated to the case, in which he appeared. Whatever may have been the circumstances under which such a representation was made, the conduct exhibited by him at various stages of the proceedings though, within a short span of time, is rather intriguing. Whatever may have been the circumstances under which such a representation was made, the conduct exhibited by him at various stages of the proceedings though, within a short span of time, is rather intriguing. He tried to threaten and hoodwink the Court. It appears that such a conduct fetched him tangible results, and naturally he was encouraged to repeat the same. When he sensed that the tactics resorted to by him, are not going to be tolerated, he pretended to be apologetic, even while working his alternative, to blackmail or pressurize the Court. The occasional exhibition of remorse or regret, has proved to be a tactful deceit. He has undertaken a thorough research to corner the Court. The Book, published by a retired judge, referred to in the preceding paragraph, appears to be part of his ammunition. That need slight introduction. 20. Normally, decency comes in the way of saying something not so respectable, about a dead person. However, if the deeds of such a person haunt the society in its Own way, it becomes necessary to put the record straight. 21. Justice B.S.A. Swamy, a judge of this Court, who retired in the year 2002, has chosen for himself, the task of correcting and rectifying the Judiciary, as a whole, and in particular, the High Court of Andhra Pradesh, and the Subordinate Judiciary in the State. After retirement, he has floated a political party; started a magazine, and published books. One such book is entitled "A Caste Captures A.P. Judiciary", which the contemnor wanted to rely upon. The object of that book is, to present a picture that a particular caste in the State has spoiled the Judiciary, beyond repair. He took the names, ranging from the First Chief Justice of High Court of Andhra Pradesh, to those, who are and have been in office, and many in the subordinate judiciary. The discussion in the book covers the topics, such as, 'Community wise composition of Judges appointed from A.P.", 'Judges who reaped the wind hall" (obviously fall), "blueeyed officers of the powerful Judges," "allotment of residential quarters", "posting of judicial officers," "exercise of administrative powers by successive Chief Justices," in the matter of fixing rosters, etc. Extensive reference to the Judges of a particular community and from a particular region, including me, is made. Extensive reference to the Judges of a particular community and from a particular region, including me, is made. One virtue in him is that he sent the books free of cost to many, including the persons whom he targeted. 22. The text of the book makes even the most indisciplined yellow journalist, if there exists one, to feel that he is far better in his approach. The book starts with a letter to the President of India. The following two paragraphs from his letter signify his intention: "Now that I have retired and I am a free citizen of India, I am no longer fettered by the traditional restraints of the office of the High Court Judge. I feel it is my bounden duty to continue to strive to restore the terribly eroded credibility of the High Court of Andhra Pradesh, the spectacular silence of the Supreme Court and the dictatorial attitude of Justice Kripal, during his short tenure as Chief Justice of India." "Citizens like me who are in the know of such a dangerous situation should not keep quiet and if they keep quiet they become abettors. I have, therefore, decided to bring this detailed information about the state of affairs of the High Court of Andhra Pradesh to your notice once again. If I do not see any action being initiated I will have no option but to do public with this information to perform my sacred duty to the judiciary, the Constitution and the National. 23. He did not spare eminent personalities in the legal profession; Chief Justices of the High Court, Judges of the Supreme Court. He made a reference to me, in his book, and wrote, ". . . .He is trying to win over the Bar by pretending that he is a liberal Judge. He is a communal minded person and he is a Judge to be watched.../I 24. Space does not permit reference to details of the book. Suffice it to say that he accused two Former Chief Justices, one of whom was a sitting Judge of the Supreme Court, at the relevant point of time, and said that the visits made by them to the Temples in the State is a wastage of taxpayers money. Space does not permit reference to details of the book. Suffice it to say that he accused two Former Chief Justices, one of whom was a sitting Judge of the Supreme Court, at the relevant point of time, and said that the visits made by them to the Temples in the State is a wastage of taxpayers money. When such is the great concern of the eminent Judge for public funds, it is better to have some idea, as to how he practised these norms. The following are few instances borne out by record. (a) A pioneer of poor and downtrodden and a proclaimed simpleton, he was allotted Rs. 33 lakhs for his treatment in United States of America, at a time when persons from foreign countries, including United States, were choosing hospitals in India, for treatment of serious ailments. The mystery is that, nobody knows, what he was treated for; and those who observed him before, from close circle, did not find any difference in him, after the so-called treatment. (b) The value of the land is very high, in Konaseema. Owner of 5 to 10 206 acres of land is treated as affluent person, even if it devolves on him by way of succession. Our great Judge got allotted 30 acres of such land owned by a Temple for his institution which is said to be a Polytechnic. It is relevant to mention that, he got filed a writ petition and ensured that the directions issued therein are honoured, deviating from all the settled norms. Persons from the Secretariat would vouch for the amount and kind of pressure brought for this purpose. This, at a time when the Supreme Court held that an existing tenant of an Endowment land cannot claim protection, and steps were being taken on various fronts to protect the properties owned by Religious Institutions. (c) After he was elevated, his wife filed a writ petition, claiming remission, or compensation for loss of crop visa-vis certain land. The writ petition was allowed and a Department of Central Government preferred appeal. (c) After he was elevated, his wife filed a writ petition, claiming remission, or compensation for loss of crop visa-vis certain land. The writ petition was allowed and a Department of Central Government preferred appeal. The then Chief Justice of the High Court, who headed the Bench, was so disturbed, that he made an observation in the Open Court, that if the proceedings are to be sustained, the Judges have to hang their heads in shame, and if what the said judge wants is the money, he would arrange it, by raising contribution from other Judges. (d) After retirement, he launched a political party and has undertaken tour, all over the State, in a Van, specially designed for that purpose. It is a different matter, that he forced the District Judges to make arrangements in the State Guest Houses, at the places, where he visited. Two employees engaged by him were found dead under mysterious circumstances. Neither FIR was filed, nor post-mortem was done. In one of his periodical magazines, the Judge presented a version, that the employees died on account of their sleeping in the Van, by closing all the doors, and that was the final word on the entire issue. (e) After his elevation, he got his own house rented to house a Government Office. Both as regards the necessity, location, and much more than that, the rate of rent, all the stipulated norms were observed in breach. 25. These are some of the accomplishments of the person, who has chosen to judge the conduct, caliber, desirability, or otherwise of the retired and sitting Judges of the Supreme court, High Court and Subordinate Judiciary. It is but natural that very rarely one would fit into his parameters of working, and one would certainly be happy, if he tests negative on those parameters. It is for this reason, that the contemnor was asked to cite, whatever he wants, and that nobody is afraid of it. 26. Even this discussion, which is surely abnormal; is undertaken, on account of the fact that the contemnor and a few persons, similar to him are virtually hurling threats to many, by holding such books in their hands. It is felt that a day has come to show them the way. 27. Section 14 of the Act is typical and different, in many respects. It is felt that a day has come to show them the way. 27. Section 14 of the Act is typical and different, in many respects. In other categories of civil and contempt cases, proceedings are initiated, mostly on applications filed by the aggrieved parties, and some times, by the Advocate General. In such cases, the petitioner, on the one hand, and the contemnor, on the other hand, are required to prove their respective contentions and allegations. However, proceedings under Section 14 of the Act are initiated, when the acts of contempt take place, right in the Court Hall. That is why it is called as a contempt, in the face of the Court. This section applies only to the proceedings in the Supreme Court and High Courts. In the recent past, the Hon'ble Supreme Court held that, in matters of this nature, no further trial is necessary, and the finding recorded by the Court, in which the contempt has taken place, would be conclusive. 28. Section 14 of the Act encompasses all the tenets of fairness and impartiality. Even where the contempt is committed in the face of the Court, the contemnor is charged, and opportunity is afforded to make his defence, and if necessary, to record evidence as may be offered, by the person. The Court has to proceed to pass order, as to punishment or discharge, thereafter. Subsection (2) thereof confers a right on the contemnor to apply orally or in writing to have the charge against him tried, by some other Judge, and in such an event, the matter is to be placed before the Hon'ble Chief Justice. 29. In the instant case, sub-section (2) of Section 14, was brought to the notice of the contemnor at the threshold of the proceedings. He said that he has no objection, for the case to be tried by this very Court. On more occasions than one, he apologized. However, he was not consistent, in this regard. Later on, he filed applications for re-opening the proceedings, as well as for withdrawing the apology, tendered by him, in writing. Strictly speaking, this Court need not accede to that request. However, to ensure that the fairness enshrined in Section 14 of the Act is honoured, in its letter and spirit, it is felt that the matter needs to be heard by another Judge, or Judges, as the case may be. 30. Strictly speaking, this Court need not accede to that request. However, to ensure that the fairness enshrined in Section 14 of the Act is honoured, in its letter and spirit, it is felt that the matter needs to be heard by another Judge, or Judges, as the case may be. 30. Hence, the following charge is framed against the contemnor, viz., "Your conduct in the Court on 4-11-2009, while arguing W.P.No.13053 of k2007, by uttering objectionable words, in making physical gesticulations and administering threats and warnings; and your similar behaviour on 20th November, 2009; amounts to contempt, in the face of the High Court." 31. In terms of sub-section (2) of Section14 of the Contempt of Courts Act, the Registry is directed to place the matter before the Hon'ble Chief Justice, for such directions, as he may think fit and proper in the interest of justice.