Point of Law: Courts Act is very wide and squarely covers all the aforesaid acts committed by Accused Nos.2 and 3. In view of the above, Accused Nos.2 and 3 have committed criminal contempt as contemplated under the provisions of Section 2(c) of the Contempt of Courts Act, 1971 and they are liable to be punished under the provisions of Section 12 of the Act.

ORDER :

I - FACTS OF THE CASE

The present Criminal Contempt Petition is filed by the complainants under the provisions of Article 215 of the Constitution of India r/w Section 15 of the Contempt of Courts Act, 1971, seeking the following reliefs:

i) Take cognizance of the offence of criminal contempt committed by the accused persons under the provisions of the Contempt of Courts Act, 1971;

ii) Pass orders imposing appropriate punishment against the accused persons under the provisions of the Contempt of Courts Act, 1971, for committing the acts of criminal contempt;

iii) Restrain and injunct the accused and other group companies of the 1st accused from initiating or proceeding with any legal proceedings against the complainants and the complainants' group before any Court, Tribunal, authority, or forum.

2. The co-ordinate Bench of this Court, in the present Criminal Contempt Petition, while passing the order dated 06.07.2021 observed that the learned single Judge while disposing off W.P.No.172/2021 filed by the first accused, by the Order dated 12.02.2021, at paragraph 27 recorded the finding as under:

"Thus, there remains no doubt that petitioner is indulging in forum shopping on the very same cause of action as held in Udyami Evam Khadi Gramodyog Welfare Sanstha and another vs. State of Uttar Pradesh and others reported in (2008)1 SCC 560, this amounts to criminal contempt as the core issue in all these writ petitions is one and the same."

It was further observed that, challenging the said Order dated 12.02.2021 passed in W.P.No.172/2021, the first accused preferred Writ Appeal No.307/2021 and the Division Bench, by the judgment dated 25.03.2021, at paragraph 18, observed as under:

"In the light of the aforesaid judgments, this Court is of the considered opinion that the writ petition is nothing but sheer abuse of process of law. The appellant has been unsuccessful on almost about nine occasions by filing the frivolous proceedings. Therefore, the learned single Judge was justified in imposing the exemplary costs while dismissing the writ petition. The learned single Judge has also observed that petitioner is indulging in forum shopping on the very same cause of action and this amounts to criminal contempt as the core issue in all these writ petitions is one and the same." (underline supplied)

3. Though accused Nos.2 and 3 contended that, challenging the aforesaid order they preferred Special Leave Petition before the Hon'ble Supreme Court, to substantiate the said fact, no material has been produced by them before this Court.

4. This Court, considering all the contentions urged by learned counsel for both the parties, passed a detailed Order dated 23.12.2021 holding that the complainants have made out a case to frame Charges against accused Nos.2 and 3 and accused have not made out any case to drop the proceedings and discharge them in the facts of the circumstances of the present case. Accordingly, this Court opined that it is a fit case to frame Charge against accused No.2(R.Subramanian/party-in-person) and accused No.3 who is also representing accused No.1- 'India Awake for Transparency'. The said Order has reached finality.

II - CHARGES FRAMED AGAINST ACCUSED NOS.2 AND 3

5. This Court by the Order dated 23.12.2021 framed the Charge against accused No.2 (R.Subramanian/party-in-person), and accused No.3 (P.Sadananda), which reads as under:

CHARGE

We, Justice B. Veerappa and Justice K.S. Hemalekha, Judges of the High Court of Karnataka, Bengaluru, do hereby charge you, accused No.2/Partyin-Person named below:-

Mr. R. Subramanian,

Son of G.S. Ramaswami,

Aged about 54 years,

Advocate and Authorised Representative of

India Awake for Transparency

Private Limited,

Shristhi Crescendo, 24,

Desika Road, Mylapore,

Chennai-600 004.

Also at

No.2/583, singaravelan road,

Chinna Neelangarai,

Chennai - 600 115.

and at

Plot no. 179, H.No. 12-11-1595/12

Lalitha Nagar Colony,

Hyderabad - 500 044.

as follows:-

That you being an authorised signatory and an advocate of a non-