IMPORTANT POINT
It is no rule of law and certainly not a statutory rule that a contemnor cannot be heard unless the contempt is purged.

Headnote:(i) Contempt of Courts Act, 1971-Section 14-Scurrilous attack through irresponsible, unfounded and reckless allegations in an affidavit against Judge of Supreme Court filed by respondent in the appeal-Objection that respondent being in contempt should not be heard unless contempt was purged-In the facts and circumstances, appeal and contempt ordered to be heard analogously and simultaneously to better serve the ends of justice.
       Held : It is no rule of law, and certainly not a statutory rule that a contemnor cannot be heard unless the contempt is purged. It has only developed as a rule of practice for protecting the sanctity of the Court proceedings and the dignity of the Court that a person who is prima facie guilty of having attacked the Court may be deprived of the right of participation in hearing lest he should misuse such opportunity unless he has agreed to disarm himself. The Court would not be unjust in denying hearing to one who has shown his lack of worth by attacking the Court unless he has agreed to beat a retreat and the Court is convinced of the genuineness of such retreating. It would all depend on the facts and circumstances of a given case and the nature of contempt under enquiry which would enable the Court exercising its discretion either way. (Para 6)
       Further held : To our mind, the rule as to denying hearing or withholding right of participation in the proceedings to the contemnor may briefly be summed up and so stated. It lies within the discretion of the Court to tell the contemnor charged with having committed contempt of Court that he will not be heard and would not be allowed participation in the Court proceedings unless the contempt is purged. This is a flexible rule of practice and not a rigid rule of law. The discretion shall be guided and governed by the facts and circumstances of a given case. Where the Court may form an opinion that the contemnor is persisting in his behaviour and initiation of proceedings in contempt has had no deterrent or reformatory effect on him and/or if the disobedience by the contemnor is such that so long as it continues it impedes the course of justice and/or renders it impossible for the Court to enforce its orders in respect of him, the Court would be justified in withholding access to Court or participation in the proceedings from the contemnor. On the other hand, the Court may form an opinion that the contempt is not so gross as to invite an extreme step as above, or where the interests of justice would be better served by concluding the main proceedings instead of diverting to and giving priority to hearing in contempt proceeding the Court may proceed to hear both the matters simultaneously or independently of each other or in such order as it may deem proper. (Para 9)
       (ii) Contempt of Courts Act, 1971 -Section 14-Scurrilous attack through irresponsible, unfounded and reckless allegations against judge of Supreme Court in an affidavit filed by respondent in appeal-Permission to withdraw affidavit-Factors weighing in favour of accepting the request and to drop proceedings.
       Held : May be, the Contemnor felt frustrated finding himself stuck up again after a prolonged litigation of 15 years, on basis of such unworthy and unreliable record as indicated above. But we feel that such sense of frustration could not have given way to the kind of remarks and aspersions thoughtlessly made in the counter affidavits filed by the Contemnor. The inaccuracies, as pointed out by the Contemnor, could only be dispelled, by bringing the correct facts to the fore by filing affidavit in reply. It was though done, but it might obviously have taken some time to be considered, meaning thereby some more delay but it would be inevitable. He seems to have also taken care to file a caveat but of no avail. These circumstances could, if at all, evoke some sense of sympathy with the Contemnor but it could not provide any justification for such unfounded scurrilous outbursts in the affidavits against a Judge of this Court. In the above background, however, we find that not too late in the day better sense prevailed in the saner moments under which he genuinely expressed regrets before us with folded hands and pleaded for permission to withdraw such of the two affidavits filed by him containing the objectionable averments made therein. We have given our due consideration to the request made, in the light of the facts and circumstances enumerated above and particularly the fact that initially he was arrested and sent to jail in connection with this contempt matter where he was lodged for four days before being released on bail. These factors, in our view, weigh in favour of accepting the request allowing him to withdraw the objectionable affidavits, rather than to continue with this matter and send him again to jail, though repentant he is, a little late undoubtedly. For the above reasons, we allow the request to withdraw the affidavits and drop the proceedings with a note of caution that in future he must be careful and may not give rise to any such occasion again. If he does so, this order can always be taken into consideration as a background material. (Paras 14 to 16)

JUDGMENT

R.C. Lahoti, J.-The main matter, i.e., Civil Appeal No. 7919/2001 stands disposed of by the judgment separately pronounced by us today. An unsavoury off-shoot of that litigation wherein the respondent in Civil Appeal is facing a charge under Section 14 of Contempt of Courts Act, 1971, because of scurrilous attack against an eminent brother judge of ours in this Court made through irresponsible, unfounded and reckless allegations contained in his affidavits filed during the course of proceedings, remains to be disposed of, which we hereby do.

2. The plaintiff-respondent in the Civil Appeal, the contemnor herein, served with the charge sheet, has shown cause. We have heard him at length and with patience. Fortunately, at the end good sense has prevailed upon the contemnor. He has felt genuinely apologetic, and said so with folded hands regretting all that has happened leading to initiation of proceedings of contempt. He has, during the course of hearing, posed and reposed, expressed and re-expressed his full faith in this Court and tendered apology without any reservation. Not only he expressed so to us, he also volunteered to make a request seeking permission to withdraw his two affidavits. He, on a piece of paper, wrote out in the Court, in his own hand in vernacular an apology and prayer for leave of the Court to withdraw the insinuating affidavits. We have taken this writing on record. In view of what is stated hereinabove, we do not propose to deal with factual and legal aspects in very many details as the same is unnecessary. The bare essential facts to give an overview of the case and a few such features as are prevailing with us in formulating the operative part of this judgment, are noticed and stated hereinafter.

3. On 1.12.1985 the contemnor entered into an agreement to purchase the suit property, an open plot belonging to a Co-operative housing society, allotted to one of its members. He entered into peaceful possession of the property under the agreement to sell and raised a boundary wall so as to protect the property and construct a house thereon for himself at some later point of time. On 9.2.1987 he noticed a stranger attempting encroachment on the property and proposing to raise some construction thereon. He protested on the spot and rushed post-haste to the Court seeking protection under the arm of the Court and preventing the encroachment in its process of commission lest it should ripen into permanency. What transpired thereafter is a harrowing tale of laws delays and the trespasser withholding the progress of legal process. To a simple suit involving the least issues and almost nil complications, either on facts or in law, the written statement to a plaint (running into a short five pages) was not filed in spite of little less than 40 adjournments spread-over a period of more than 5 1/2 years and in spite of adjournment costs having also been imposed on the erring defendant at times. During these adjournments the Civil suit witnessed three transfers in different courts. At the end the defendant and his counsel absented, resulting into ex-parte proceedings. A belated attempt for setting aside the ex-parte proceedings failed in the Trial Court as also in the High Court. Several delaying tactics were then employed. A belated application for cross-examination of the witnesses examined ex-parte which were not cross-examined in spite of opportunity being available, a belated application for examining his own witnesses though there was no written statement and no positive plea taken in the defence, a highly belated application to place on record a pleading by way of a counter-claim though there was no written statement filed by the defendant, were tried and vigorously pursued. All such attempts failed in the trial Court. Each of the adverse orders was put in issue by the recalcitrant defendant filing successive civil revisions in the High Court, which were all firmly dealt with by the High Court and the defe

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2003 Supreme(SC) 552

IMPORTANT POINTIt is no rule of law and certainly not a statutory rule that a contemnor cannot be heard unless the contempt is purged.

IMPORTANT POINT
It is no rule of law and certainly not a statutory rule that a contemnor cannot be heard unless the contempt is purged.