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1976 Supreme(SC) 287

SUPREME COURT OF INDIA
A.N. RAY, C.J.I., N.L. UNTWALIA AND P.N. SHINGHAL, JJ.
Ram Partap Sharma and others, Appellants
Versus
Daya Nand and others, Respondents.
Criminal Appeals Nos. 39-40 of 1976,
D/- 19-8-1976.
Advocates appeared
Mr. D. Mookherjee Sr. Advocate, (M/s. Harbans Singh Marwaha and V. M. Jain, Advocates with him), for Appellants; Devan Chetan, and Mr. R. N. Sachthey, Advocate, for Respondents.

Headnote:Contempt of Court. Act, 1971, Sec. 10-Court issuing notice for contempt for writing letters about utterances of a Judge, whether amounts to contempt-Duty of a Judge-Court discharging the rule on the basis of affidavits without coming to a finding about the contempt-Legality of the order.

       Where in the case the members of the Bar wrote letters to the President and Prime Minister and also forwarded a copy to the Hon'ble the Chief Justice about political utterances of a High Court Judge and the High Court considering the same contemptuous issued notices for contempt of Court and the full Bench of the High Court discharged the rule by accepting the apology inferred from the affidavits,

       Held, that the Judgment is utterly unsound and unsustainable. The elementary basis of acceptance of apology is that there must be a finding of committal of contempt. The deponents stated that if the court is of the view that the letter of the deponents constitute for any reason contempt of court the deponent tender apology. It is a conditional apology. The condition is that if there is contempt the deponents tender apology. In absence of an finding by the High Court that the appellant committed any contempt of court there was never any occasion for acceptance of apology The High Court proceeded on the basis that the allegations in the letter were not challenged. It necessary follows that the matter did not constitute contempt. The High Court therefore, should have dropped the proceedings and not pursued the matter. (Paras 9 & 10)

Judgment

RAY, C.J.I. :- These are appeals under Section 19 (1) (b) of the Contempt of Courts Act, 1971 against the judgment and order dated 1 December, 1975 of the Full Bench of the High Court of Punjab and Haryana.

2. The appellants wrote a letter on 20 February 1975 to the President with copies to the Prime Minister. Chief Justice of India, the Chief Minister of Haryana and Haryana High Court. The letter was signed by 15 members of the Bar belonging to the District Bar Association, Bhiwani. In that letter they brought to the notice of the President that Justice D. S. Tewatia of the Punjab and Haryana High Court visited the session division of Bhiwani and inspected the Courts from 14 February 1975 to 19 February 1975.

3. In that letter they further stated as follows : "The learned Judge met the members of the Bar Room, Bhiwani. During the course of the meeting the learned Judge criticised the Governments policy in regard to its attitude towards the judiciary. Besides, the learned Judge was openly attacking the Government in its political as well as administrative decision. On the whole he gave an impression that he was not a Judge but a politician who had come to Bar Room. When the members of the Bar who had gone to meet the learned Judge in the P. W. D. Rest House, Bhiwani he discussed politics with them and criticiased the present executive in general and the Congress Party in particular. He suggested the members of the Bar to revolt against the present Government as it has suppressed the civil liberation (sic) of the individuals and has also failed miserably in all fields. The Judge further said that the prevailing systems of Government is not good in this country and we must adopt the communist form of Government which can save the nation. Later on, he had some private political discussion with the local C. P. M. leaders. He also accepted the hospitality of the Technological Institute of Textiles (Mills) People who also took him for a sight seeing from Dadri to Pilani. The members of the District Bar Association highly regret the attitude of Justice D. S. Tewatia and urge the Government to take appropriate action in this regard."

4. Five members of the Bar Association at Charkhi Dadri sent a letter addressed to the President with copies to the Chief Justice of Punjab and Haryana High Court, the Chief Minister of Haryana, the Chief Justice of India and the Prima Minister. In that letter they said that Justice D. S. Tewatia visited the Bar and inspected the court at Charkhi Dadri on 17 February, 1975. Thereafter they stated as follows : "While talking with the members of the Bar, he pointed out that the library of this Bar seems to be very poor. Then Shri Virender Kumar Single, a member of the Bar requested the hononurable Judge to help the Bar either by supplying books or by allocating the grant by the High Court so that the needy Bar may be able to purchase necessary books for the library. Then the honourable Judge turned down the request and replied that it is never possible in the present system of Government of India. If you want this kind of help then you should prepare yourself for the communist Government in India by creating such atmosphere in the country. At another stage also during the course of his discussion with the members of the Bar over the matter or Rajasthan Law students demands in which they demanded a grant of Rupees 5000/- from the Government for the library of each fresh law graduate and Rs. 200/- per month for a period of two years the initial stage of their legal practice he strongly emphasised the need for the communist system of Society and Government in India to fulfil these demands. The learned Judge also met Smt. Chandrawati separately and discussed with her the political affairs of the State. He also expressed his desire to see Comrade Dharam Singh a member of the Marxist Communist Party at his residence before Smt. Chandrawati. During his stay in the rest house he also discussed the teachers ag

















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