SUPREME COURT OF INDIA
S. R. PANDIAN AND K. JAYACHANDRA REDDY, JJ.
State of Haryana and others, Petitioners/ Appellants v. Ch. Bhajan Lal and another, Respondents
Versus
Shri S. A. Khan, Applicant.
Contempt Petn. No. 7 of 1989 with I.A. Nos. 1 and 2 in Civil Appeal No. 5412 of 1990
Decided on 18-12-1992.
Constitution of India,1950 - Articles 226 and 227 - Indian Penal Code,1860 - Sections 161 and 165 - Prevention of Corruption Act of 1947 - Sections 5(2) and 5A(l) - Contempt proceeding - Civil Miscellaneous Petition - Seeking issuance of a writ of certiorari quashing first information report - criminal contempt allegedly committed by the respondent and to issue notice for same and punish him adequately - Filing of Contempt Petition would like to mention a confusion is created in contempt proceeding, by wrongly mentioning it as Contempt Petition No. instead of I.A. No. in all the follow up affiliated proceedings number assigned to Civil Miscellaneous Petition filed in S.L.P. (C) No. which was subsequently registered as Civil Appeal No. said CMP No. was filed by the It transpires from original records I.A. No. has been filed in Civil Appeal – Held, Case of corruption or its proceeding pending before Court - Alleged contemptuous statement only view of reporter is mentioned as if Ch. had perhaps been provoked about proceedings of case before SC - Civil Appeal No. itself has been disposed I.A. No. is filed in main civil appeal after its disposal, even though Contempt Petition No. has been filed before disposal of the case – Court do not see any reason much less compelling reasons - I.A. Nos. 1 and 2 of 1991 and Contempt Petition No. 7 of 1989 are dismissed
JUDGMENT
S. RATNAVEL PANDIAN, J.:—Contempt Petition No. 7 of 1989 is filed by Shri S. A. Khan, DIG of Police requesting the Court to initiate suo motu proceeding for criminal contempt allegedly committed by the respondent/ contemner, Ch. Bhajan Lal and to issue notice for the same and punish him adequately.
2. I.A.No.1/91inC.A.No.5412/90 was filed by the applicant Shri S. A. Khan for the following prayers:
"(1) award adequate punishment to the respondent Shri Bhajan Lal for committing aggravated contempt of the Authority of this Honble Court by seeking to punish the petitioner (applicant) for assisting the Court through the advocates appearing for the State of Haryana;
(2) set aside the order of suspension of the applicant herein; and also
(3) pass such other and further order or orders as this Honble Court may deem fit and proper."
3. I.A.No.2/91inC.A.No.5412/90was filed by the applicant Shri S. A. Khan seeking the following prayers:
"(a) set aside the suspension order dated 5-7-91 and fix an early date of hearing of the contempt application No. 2743 of 1989 and the application for direction filed by the applicant earlier.
(b) pass such other order or orders as are deemed fit and proper in the circumstances of the case for which act the petitioner most respectfully prays this Honble Court."
4. I.A. Nos. 1 and 2 were filed on 12-8-1991 and 21-8-1991 respectively. It may be noted that the Contempt Petition No. 7/89 filed in September 1989 in S.L.P. (C) No. 14014/88.
5. Even before giving the brief facts which have given rise to the filing of this Contempt Petition. We would like to mention that a confusion is created in the contempt proceeding, by wrongly mentioning it as Contempt Petition No. 2743/89 instead of I.A. No. 1/91 in all the follow up affiliated proceedings. No. 2743/89 is the number assigned to the Civil Miscellaneous Petition filed in S.L.P. (C) No.. 14014/88 which was subsequently registered as Civil Appeal No. 5412/90. The said CMP No. 2743/ 89 was filed by the State of Haryana and others praying for the deletion of the name of Ch. Devi Lal, Chief Minister of Haryana from the array of parties and dispensation of the filing of a formal affidavit in support of that application. It was not at all a Contempt Petition. It transpires from the original records that I.A. No. 1/91 dated 12-8-91 has been filed in Civil Appeal No. 5412/90 for awarding adequate punishment to the respondent for committing aggravated contempt of Court. In the affidavit filed accompanying the petition also it is mentioned as I.A. No. 1/91 in Civil Appeal No. 5412/90, but in the main petition containing the averments, it has been wrongly mentioned as Contempt Petition No. 2743/89 in Civil Appeal No. 5412/ 90. The mentioning of the number 2743/89 to the Contempt Petition is patently wrong. Unfortunately, this mistake has been carried out throughout the subsequent proceedings, namely, in the counter-affidavit, the reply-affidavit, the rejoinder and so on. Even at the threshold when we wanted to have a clarification as to how two Contempt Petitions, namely, Contempt Petition No. 2743/ 89 (sic) I.A. No. 1/89 and Contempt Petition No. 7/89 have happened to be filed, no satisfactory explanation has been offered and the puzzle remained unanswered. It may be pointed out that I.A. Nos. 1/ 91 and 2/91 were filed in Civil Appeal No. 5412/90 praying, (1) for initiating contempt proceedings against Ch. Bhajan Lal; and (2) for setting aside the suspension order dated 5-7-1991 passed as against Shri S. A. Khan respectively. But in both the applications, the facts and the prayers are-inextricably mixed up. Therefore, we have culled out the facts with some difficulty by separating them and then have narrated the averments with reference to each proceeding.
6. On 12-11-1987 one Dharam Pal presented a complaint before Ch. Devi Lal, who was then Chief Minister of Haryana making serious allegations against Ch. Bhajan Lal who was then the Union Minister for Environment and Fo
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