Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY, M.H.S.ANSARI, P.S.MISHRA
State Of A.P. - Appellant
Versus
G.M.Anjaiah - Respondent
C.C. No. 162 & 180/96
Decided On : 05-09-96
Advocates Appeared :
Mr. G.M. Anjaiah, Mr. Koneti Raja Reddy, Mr. V. Eswaraiah, Mr. L. Ravichander, Mr. C.V. Mohan Reddy
( 1 ) THE Constitutional functionaries, we are, entrusted with the task of strain-filled adjudicatory process dealing not only in ordinary litigation, but also of complex problems, be it constitutional, legal, medico-legal and even politico-legal. But, unpleasant is the task and added is the strain, when a litigation of this type erupts where we have to deal with a part of our own system i. e. , Bar. But, undeterred, to uphold the decorum, dignity of the Court and supremacy of Rule of Law and to keep the flag of majesty of the Court flying always high, we thus proceed.
( 2 ) SRI. G. M. Anjaiah, Advocate-respondent (contemner) is not an youngster. He is 65 years old. He is not a novice to legal profession and had been a legal practitioner since last about 30 years.
( 3 ) ON 27-2-1996, the respondents was sitting in the first Court waiting for his turn to argue for the appellant in W. A. S. R. No. 17949 of 1996 and W. A. M. P. No. 282 of 1996 to whom he was the counsel. Questioning the reconstitution of Public Works Committee of Secundarabad Cantonment Board, W. P. No. 26135 of 1995 was filed and against its dismissal, the above writ appeal was preferred. Stay of holding of the meeting of the reconstitution of the Public Works Committee convened by the Executive Officer of Secunderabad Cantonment Board was sought for, alleging that the same was in violation of the Cantonment Boards Act and the rules framed thereunder. The matter was in the list of the first Court on 23-2-1996. But, as the Full Bench hearing was going on in the first Court, the matter could not reach and on a mention being made by the respondent as also by some other counsel, whose matters did not reach, were directed to be listed-up before the second Court comprising of Justice Lingaraja Rath and Justice B. K. Somasekhara. Then in the above matter relating to this contempt, the second Court had granted stay of giving effect to the resolution of the reconstituted Public Works Committee, if any, passed on 24-2-1996, on which date the meeting of the Committee was convened. The stay, however, was limited till 27-2-1996. On 27-2-1996, the said case was listed at page 4 as item 9 in the first Court s list. The first Court comprising of the Chief Justice and Justice M. H. S. Ansari sat for the business of the Court and was hearing the matters. As usual, the matters were being called in seriatum and by 1-30 p. m. when the Bench rose for lunch recess, a case on first page was going on and the respondent made a mention to the Court in the forenoon that the matter was urgent and the same may be taken-up on out of turn basis, but the Court had asked him to wait. After lunch recess at 2-15 p. m. the respondent had again made a mention to take-up his case out of order, but the Court had asked him to wait as it was in the midst of hearing another matter. The Court had to rise at 3-30 p. m. for deliberations in Administrative Committee meeting to be presided by the Chief Justice. At 3-20 p. m. the first Court asked the counsel present there including the respondent to mention if there are any urgent matters. Then the respondent mentioned the matter which he was eager to argue and which he had mentioned thrice on that day to take-up out of order. After hearing the matter, the first Court felt that there was no such urgency which could not wait till the next day and more so, when the counsel for the respondent in the writ appeal was not present and when the respondent expressed his apprehension that the matter would become infructuous next day, the first court allayed his apprehension stating that if the matter is admitted, adverse decision, if any, taken against the appellant, would be reversed; but the respondent was not satisfied and was unrelenting. He went on insisting that the matter was urgent in spite of the fact that the Court answered in the negative. The respondent flared up and in high tone, to the annoyance of the Court and in intimidatory mann
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