ORDER

IA No. 13 of 1993

1. This application is filed by the petitioner-Tarun Bharat Sangh to punish the respondents, Shri Ratan Katyani and Dr Upendra Dublish for criminal contempt of this Court and for other incidental directions. In support of this application, affidavit of Dr Rajeev Dhavan, counsel appearing for the petitioner, is filed. Dr Rajeev Dhavan, now a Senior Advocate of this Court, has been appearing for the petitioner in this case over the last three or more years. In his affidavit, Shri Dhavan has stated the following facts:

2. In the writ petition filed by the petitioner, several orders have been passed by this Court from time to time restraining mining activity in the Sariska Tiger Reserve area. On account of this, the mine-owners in the area and their supporters have been threatening and harassing the Secretary and other office-bearers and members of the petitioner-organisation, Tarun Bharat Sangh, in several ways. On a previous occasion, one of the mine-owners had assaulted the Secretary of the petitioner-organisation, Shri Rajinder Singh, in the very presence of Shri Justice M.C. Jain, a Commissioner appointed by this Court, for which act he was convicted by the court for criminal contempt of this Court and sentenced to imprisonment for one week.

3. At the instance of the petitioner-organisation, he (Dr Rajeev Dhavan) of went to the Sariska Tiger Reserve area to make a spot inspection on 3-4-1993. In that connection, a meeting was organised by the petitioner-organisation at 10.30 a.m. on 4-4-1993 in the office premises of the petitioner. When he went to the site of the meeting on that morning, he found some persons picketing at the entrance. Shri Ratan Katyani, Advocate was on the microphone. He was, however, allowed to pass and enter the meeting hall. While the meeting was in progress, some persons burst into the hall and started shouting slogans and disrupting the meeting. He went out and told the disrupters that they should not do so, whereupon they advanced towards him and surrounded him. He was pushed by one or two persons. At about 1.00 p.m., another incident took place which is set out in para 6 of the affidavit. It reads:

"6. Around 1 p.m. or so, the same group but this time led by a person called Dr Upendra Dublish advanced towards me and Rajinder Singh and surrounded us. He told me that he would not let my meeting continue; and, if necessary destroy the ashram. I told him that I was simply having a meeting with my client and such persons whom my client had invited. Dr Dublish, I am given to understand, used to work for my client and had recently resigned because he had accepted a job offer elsewhere. I told him that I was only briefed in the case before the Supreme Court and that he could sort his other matters with my client later. He said that it was in connection with the case and matters concerning the environment that he wished to disrupt the meeting. In the main what he had to say was abusive and added that he did not care about the Supreme Court which can do nothing to him. I again requested that persons at the meeting be allowed to have their lunch and continuetheir discussions with me. He refused. Instead he created turmoil at the meeting. He, then, with the persons he came with, tried to break the video room, entered my clients office to use the phone. He also threatened to burn up the place and the X-ray room. Along with others, he overturned some food dishes and continued this disruption for an hour. My client tried to reason with him; and, I continued to talk to some of the villagers who were clearly threatened by this and fed up that important issues connected with the case remained undiscussed."

4. Dr Dhavan further stated that when he wanted to leave the place he was prevented from leaving whereupon he was obliged to leave by another exit with the assistance of the police. He along with Rajinder Singh then went to the Police Station, Thanagazi and lodged a complaint about the incident. W