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SUPREME COURT OF INDIA
Ranjana Prakash Desai, Madan B. Lokur, JJ.
Ram Niranjan Roy – Appellant
Vs.
State of Bihar and Ors. – Respondents
[Criminal Appeal No. 1240 of 2004]
Decided On : 31-03-2014
(2009) 10 SCC 337; (1995) 2 SCC 584; (2010) 11 SCC 493 – Relied upon
(b) Contempt of Courts Act, 1971 – Section 14 r/w Articles 129 and 215, Constitution of India – Under Articles 129 and 215 Supreme Court and High Court have inherent powers to deal with contempt of itself – Constitutional power cannot be limited by statute – Giving notice u/s 14 of the Act – Appellant shouting at the Judges – Behaving rudely – Not showing any remorse – Not entitled to any opportunity to make his defence. (Para 14)
1993 Supp (1) SCC 529 – Relied upon
(c) Contempt of Court Act, 1971 – Section 2(c) – Appellant tampering with the impugned judgment by replacing the word ‘shouted’ by ‘didn’t shout’ – He also filed false affidavit and tried to overawe the Court – Appellant guilty of Criminal contempt – a (Para 16, 17
(1995) 1 SCC 421; (2001) 5 SCC 501 – Relied upon
(2006) 8 SCC 1 – Referred
Facts of the case:
A PIL was filed by Bihar Vyavsayik Sangharsh Morcha raising several issues relating to law and order problem in the State of Bihar.
The issues raised inter alia were whether the respondents were duty bound to provide safe and healthy atmosphere for the proper development of the State or not and whether the inaction of the respondents was violative of fundamental rights guaranteed under Articles 19 and 20 of the Constitution of India.
High Court directed the Director General of Police to make a list of officers from the Station House Officers upto the Additional Director General of Police, of those who have remained in their station for more than four years.
The appellant, who was holding the post of Deputy Superintendent of Police, Crime Investigation Department (CID), Bihar, filed an intervention application. The appellant claimed in the application that he was the President of Bihar Police Seva Sangh, a service association of members of Bihar Police Service. He stated in the application that the transfers and postings of the officers of Bihar Police Service were done arbitrarily in violation of guiding principles framed by the Home Department of Government of Bihar.
The appellant referred to a Writ Application filed by him being C.W.J.C. No.12225 of 1999 against the State of Bihar for an order directing the respondents to implement the said guiding principles. He stated that the said writ application has been pending in the High Court for last four years during which the government has tried to victimize him mala fide. He further stated that his application should be heard along with the C.W.J.C. No.1311 of 2003. He, therefore, prayed that he may be impleaded in C.W.J.C. No.1311 of 2003.
On 27/01/2004, the appellant appeared in-person before the High Court. He shouted and told the court that he was intervener and that the High Court has not focused its attention on the wrong policies of transfers within the police department. Learned Judges, then, asked him whether he had been granted leave by the Director General of Police to present his case.
In view of this contumacious behaviour, the High Court directed that the appellant may be taken into custody by the Court Officer and the Sergeant and sent to jail as punishment for a day i.e. for twenty four hours. His intervention application came to be rejected. Aggrieved by this order, the appellant has approached this Court.
Finding of the Court:
Appellant held guilty of contempt of High Court as well as Supreme Court.
Judgment :
(SMT.) RANJANA PRAKASH DESAI, J. –
1. A petition was filed in public interest in the Patna High Court being C.W.J.C. No. 1311 of 2003 by Bihar Vyavsayik Sangharsh Morcha and another raising several issues relating to law and order problem in the State of Bihar. The State of Bihar, the Director General of Police of Bihar and others were made party respondents. The issues raised inter alia were whether the respondents were duty bound to provide safe and healthy atmosphere for the proper development of the State or not and whether the inaction of the respondents was violative of fundamental rights guaranteed under Articles 19 and 20 of the Constitution of India. The petitioner inter alia sought direction to the respondents to take measures to stop exploitation of shopkeepers, dealers, artisans, labourers and industrial units by officers and police personnel.
2. The High Court issued notices to the respondents pursuant to which they filed affidavits. On 14/08/2003 the High Court directed the Director General of Police to make a list of officers from the Station House Officers upto the Additional Director General of Police, of those who have remained in their station for more than four years. Relevant paragraphs from the High Court's order could be quoted: "The court suggests the following measures as an ad interim exercise:
a) Let the Director General Police make out a list of officers from the Station House Officer upto the Additional Director General of Police, of those who have remained in their station for more than four years. This dossier is to be supported with information from service record as to which officer throughout their career has remained at which station and for how long. Officers who have remained at one station for over four years must see a posting out within six weeks from today. These would be officers below the rank of Inspector General of Police. Staff below the SHOs who have remained at a particular station beyond three years will be identified by the District heads of police concerned and their movement will be undertaken by the Director General of Police. It must be mentioned that the period of four years is set because in the normal course of government service, transfers and postings are made for officers if they have been at a particular station for more than three years. This order obviously does not preclude the Director General of Police from making any transfers should an officer have been at a posting for a lesser period, which is within normal administrative powers."
3. In December, 2003, the appellant, who was holding the post of Deputy Superintendent of Police, Crime Investigation Department (CID), Bihar, filed an intervention application being I.A.No.5588 of 2003. The appellant claimed in the application that he was the President of Bihar Police Seva Sangh, a service association of members of Bihar Police Service. He stated in the application that the transfers and postings of the officers of Bihar Police Service were done arbitrarily in violation of guiding principles framed by the Home Department of Government of Bihar.
The appellant referred to a Writ Application filed by him being C.W.J.C. No.12225 of 1999 against the State of Bihar for an order directing the respondents to implement the said guiding principles. He stated that the said writ application has been pending in the High Court for last four years during which the government has tried to victimize him mala fide. He further stated that his application should be heard along with the C.W.J.C. No.1311 of 2003. He, therefore, prayed that he may be impleaded in C.W.J.C. No.1311 of 2003.
4. Admittedly, the appellant is posted at Patna for several years. It is clear from several orders that the High Court has passed in this matter that while dealing with the question of law and order situation in Bihar, the High Court was looking into the State Government's policy of postings and transfer of police officers, obviously because that
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