Important Point – Court should not recuse itself merely because application for recusal is filed by litigant.

V.M. KANADE, J.

1. This is a case where the respondent/contemnor who is an accused charged for offences punishable under sections 354, 337, 509, 323, 504 I.P.C. has persistently harassed, intimidated, threatened the learned Metropolitan Magistrate (MM) before whom his case was pending trial and as a result the learned MM has made a reference under Section 15(2) of the Contempt of Courts Act, 1971 (hereinafter referred to as “the said Act”).

2. Reference under section 15(2) of the Contempt of Courts Act, 1971 has been made by Smt. S.A. Sinha, Metropolitan Magistrate, 17th Court, Borivali, Mumbai vide letter bearing Confi. Outward No. 32 of 2014 dated 14.10.2014 addressed to the Registrar (Judicial-I), High Court, Bombay.

3. It is stated in the said order that she was Metropolitan Magistrate, 17th Court, Borivali, Mumbai and she had taken charge of that Court on 06.06.2011. She has stated that two Criminal Cases; one bearing C.C. No. 3869/PS/2008 (C.R. No. 281/99) of Samtanagar Police Station filed against Dinesh Mathuria and others under Sections 143, 147, 149, 323, 504, 343, 427, 506 I.P.C. in which Dr. Leo Rebello was the complainant and the other bearing C.C. No. 1574/PS/2008 (C.R. No. 280/99) also registered at Samtanagar Police Station filed against Dr. Leo Rebello under sections 354, 337, 509, 323, 504 I.P.C in which Mrs. Ratna Vinay Malhotra was the complainant, were pending in her Court. Both these cases were kept in her court on the same day.

4. She has referred in the Reference as to what transpired on 21.12.2011 in her Court when the Contemnor appeared in her Court. She has stated that the Contemnor obstructed the judicial proceedings, insulted the judicial officer, did not maintain the court decorum, tried to pressurize the court and also threatened the court that he had removed CMM. Thereafter on 02.01.2012, the Respondent/Contemnor issued a confidential letter to court by hand, which had objectionable contents. Then, again, on 22.08.2013, the Contemnor issued another letter to the Judicial Officer, which had objectionable contents. The letter contained the contents which were insulting and the contents of the letter, apart from being highly objectionable, clearly amounted to contempt of court within the meaning of Section 2(c)(i) to (iii) of the said Act. Thereafter, again, further letter dated 12.11.2013 was sent by the Contemnor by a speed post to the said Judicial Officer in which there was wild threat that several High Court and Supreme Court Judges knew him and he tried to pressurize the Court. Thereafter, it is stated in the Reference that when the matter was posted on her board on 20.02.2014, the Court gave directions to the accused to remain present for recording their pleas. Respondent/Contemnor was not present that time when the matter was called out. However, thereafter, Respondent/Contemnor barged into the Court in 10/15 minutes and started shouting loudly when other proceedings were going on and used threatening words to the court. She has then stated that, again, on 26.06.2014 when both the matters were kept for hearing, Respondent/Contemnor entered the Court and started shouting loudly and when the Court directed him to provide a copy of the application filed by him to the other side, he used insulting and threatening words to the Court. He obstructed judicial proceedings and due to his behaviour in the court, the entire board of the Court collapsed and hearing of other matters could not take place. Reference was made of this incident in the Roznama and the statements of persons present on that day were recorded by the Magistrate. Thereafter, statements of PC - Sunil Pawar, Vanrai Police Station, Advocate Shri Malekar, Advocate Shri Dubey, Advocate Smt. Purnima Mehta, Advocate Shri K.U. Joshi, PC – Shevale, Samtanagar Police Station, PC – Patil, Samtanagar Police Station, PC – Surve, Kandivali Police Station and PC – Sonavale, Vanrai Police Station, learned APP Shri Mahakal and Interpreter