JUDGMENT

ORDER:—The contemner is present in Court. We have heard Shri V. R. Reddy, Additional Solicitor General for the prosecution and Shri B.R.L. Iyengar, learned Senior Counsel for the accused-contemner. The charge against the contemner is, indeed, serious.

2. In the writ petition, Tarun Bharat Sangh, an organisation of environmental activists moved this Court complaining that there was a large scale devastation of the environment in "Sariska Tiger National Park" where large scale mining operations were illegally permitted by the State Government within the protected area. In the writ petition, we directed a Committee headed by a retired Judge of a High Court to go into some of the disputed questions and make a report to this Court. We also directed the petitioner organisation to assist the committee.

3. On 26-11-1991, the committee proposed to inspect the mining areas and Rajinder Singh, Secretary of the petitioner-organisation was required to accompany the committee. What happened at the spot had better be narrated in the words of Rajinder Singh himself:

".............The Secretary reached the site along with his co-activists Aman Singh, Laxman Singh and others along with Prof. S. S. Dhabaria of Birla Science Research Institute. He saw hundreds of cars and jeeps parked near the site. He contacted the Chairman of the Committee and seeing that the situation was tense requested him for permission to return to his place since the atmosphere was not congenial for any discussion or inspection of mines, but Honble Justice Jain and District Collector insisted that the applicant remained present and the Collector asked the applicant to travel in one of his official vehicles. On expressing fear to the Collector, the Collector assured them not to worry. That when the vehicle started moving towards the mining site, the mine owners, who were crouding around, starting using abusive language and raised vulgar slogans at the applicant and his collegues. On reaching Daulikan another mob of mine owners stopped the vehicle and started checking the occupants when they stopped the applicant in Maruti Gypsy van and attacked the van and damaged it. Some of the people physically beat up the applicant and kicked him and tore his clothes while others were trying to pull him out of the van. In this process the gypsy van was damaged badly when the Collectors gunman asked the applicant to get out of the van. Thereafter a mine owner, who had been arrested on the spot was put before me and I was asked to identify him. I identified him as the person who had attacked me first and later came to know that his name is Ashok Agarwal and he is a mine owner of Alwar. This fact was also confirmed by the gunman of the Collector and Jamadar. The Collector ordered the arrest of this person and sent him to Alwar Jail ......."

Indeed, Rajinder Singhs averments are in a substantial measure corroborated by the report of a Collector and the Chairman of the Committee. We, therefore, took cognisance of this matter and initiated proceedings for criminal contempt against the contemner.

4. In response to the notice, the contemner initially filed an affidavit dated 20th January 1992 in which while admitting his presence at the spot and also admitting the action taken in respect of his conduct at the spot at the instantance of the Collector, Alwar, however, tried to place a gloss over the incidents and his own role therein. But today the contemner has filed a fresh affidavit in which he has withdrawn his earlier stand and has pleaded guilty to the charge. The relevant part of his affidavit reads:

"I plead guilty to the charge and I throw myself at the mercy of this Honble Court. I sincerely regret and submit my unconditional and unqualified apology to this Honble court for my conduct."

5. The allegations of fact made against and now admitted by the contemner do constitute acts which were intended to and did constitute gross interference with the course of justice and the proceedings