Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 1902 (ALL)

AMIT GARG v. TABASSUM GAZALA

2015-07-15

PANKAJ MITHAL

body2015
JUDGMENT Hon’ble Pankaj Mithal, J.—Suit No. 274 of 2004 (Amit Garg and another v. Smt. Tabassum Gazala and others) is pending in the Civil Court at Allahabad involving property dispute. Several interlocutory orders passed in the said suit were challenged before this Court by either of the parties by filing civil revisions, writ petitions and petitions under Article 227 of the Constitution of India. Some of the revisions or the petitions had also come before me and were decided. 2. On the nomination by Hon’ble the Chief Justice Petition No. 2833 of 2015 (Ravi Bala Garg and another v. Smt. Tabassum Gazala and others) and Petition No. 3050 of 2015 (Ravi Bala Garg and another v. Smt. Tabassum Gazala and others) under Article 227 of the Constitution of India also came before me. During the course of consideration of the aforesaid petitions, a request was made that as the above three revisions between the parties are also pending consideration it would be proper and in the best interest of the parties that all matters be taken up simultaneously. Since I was not assigned jurisdiction to hear civil revisions, it was observed vide order dated 3.7.2015 that the parties may approach the Hon’ble the Chief Justice and get all the cases nominated to a common Bench. 3. Accordingly, on being approached by the parties, the Hon’ble Chief Justice by an order dated 7.7.2015 passed in Petition No. 2833 of 2015 directed that all connected matters be placed before my Bench. This was done probably for two reasons viz as I had heard some matters connected with the aforesaid suit in the past and secondly, as the two petitions were already assigned to me. 4. In pursuance thereof all the matters came for consideration before me on 8.7.2015. The petitions were decided/dismissed by me Ravi Bala Garg and another v. Tabassum Gazala and others, 2015(6) ADJ 263 but on the request of the learned counsel for the revisionists, the revisions were adjourned for today. 5. Yesterday on 14.7.2015 I received a letter by Speed Post EMS EU575317317IN from one Ashish Gautam, 3/3, Circular Road, Allahabad-211001, Mob. No. 0983999743 making scandalous allegations against the Court and expressing doubts about the integrity of the Court referring to cases of the parties to the suit giving rise to these revisions. A similar envelop by First Flight Courier was also received by me yesterday. No. 0983999743 making scandalous allegations against the Court and expressing doubts about the integrity of the Court referring to cases of the parties to the suit giving rise to these revisions. A similar envelop by First Flight Courier was also received by me yesterday. It was not opened by me for the reason that it had been sent by the same person and apparently is identical in appearance likely to contain the same complaint as has been sent by Speed Post. 6. The said letters in all probabilities appear to have been sent by someone connected with these cases as it contains a specific reference to the aforesaid original suit and some facts relating to it. 7. Sri T.P. Singh, Senior Advocate, assisted by Sri Ajay Shankar Pathak, learned counsel for the revisionists makes a statement at the Bar that the matter is serious and may be inquired into independently so that the erring person(s) is taken to task. 8. The judiciary is the guardian of the Rule of the Law. If the judiciary is to perform its duties and functions effectively and true to the spirit with which they are sacredly entrusted, the dignity, the authority and the ability of the Courts to deliver fearless and impartial justice have to be respected and protected at all costs. 9. The aforesaid letter is not only scandalous, but tantamounts to interfering with the course of administration of justice and the functioning of the Court. It tends to lower and undermine the dignity and authority of the Court. It is not contempt but criminal contempt on the face of the Court. Therefore, in exercise of powers under Article 215 of the Constitution of India I draw proceedings for contempt against Ashish Gautam, the person who has sent the aforesaid letter or the person who has actually sent it or the person who is behind it and refer it to the appropriate Court of jurisdiction so assigned. 10. The Registry of the Court is directed to find out the exact person whose signature appear on the letter or the person who had actually sent the letters or the persons behind the same. 10. The Registry of the Court is directed to find out the exact person whose signature appear on the letter or the person who had actually sent the letters or the persons behind the same. On such inquiry, the above letters which as a Court of record I direct to be taken on record, alongwith a copy of this order shall be placed before appropriate Court dealing with Contempt matters, if necessary, with the approval/nomination of the Hon’ble Chief Justice. 11. I have no personal interest in the suit or in any matter arising therefrom or in these revisions and when one of the parties to the litigation do not have faith in the Court as has been expressed in the above letter, the Court is also not keen to proceed to hear these revisions. Accordingly, these revisions are released from this Bench and are directed to be placed before an appropriate Bench after seeking nomination from the Hon’ble Chief Justice as prayed by Sri T.P. Singh, Senior Advocate at the earliest, preferably in the next cause list. ———————