2003 Supreme(Pat) 261
PATNA HIGH COURT
Sachchidanand Jha, Narayan Roy and R.S.Garg JJ.
Report Of The District And Sessions Judge; In Re Suo Motu Action Against The Superintendent Of Police
Versus
State Of Bihar
Decided On : MARCH 05, 2003
Headnote:
The High Court, while exercising its suo motu contempt jurisdiction, held the Superintendent of Police, Deputy Superintendent of Police, Sub-Inspectors, and Assistant Sub-Inspectors guilty of contempt of court for their involvement in an incident where they shouted slogans against the District and Sessions Judge and indulged in acts of vandalism in the court premises. The court found that the incident was a result of the detention of a police officer for disobeying the court's order and that the police officers had acted in a pre-planned manner to undermine the dignity and authority of the court. The court rejected the apology tendered by the contemners and sentenced the Sub-Inspectors to two months simple imprisonment and the Deputy Superintendent of Police to a fine of Rs. 1000 or 15 days simple imprisonment in default. The court also clarified that these sentences would not prejudice any departmental action that may be taken against the contemners.
Fact of the Case:
A group of police officers, led by the Deputy Superintendent of Police and Sub-Inspectors, shouted slogans against the District and Sessions Judge and indulged in acts of vandalism in the court premises. This incident occurred due to the detention of a police officer for disobeying the court's order.
Finding of the Court:
The High Court found the Superintendent of Police, Deputy Superintendent of Police, Sub-Inspectors, and Assistant Sub-Inspectors guilty of contempt of court. The court held that the incident was a result of the detention of a police officer for disobeying the court's order and that the police officers had acted in a pre-planned manner to undermine the dignity and authority of the court.
Issues: 1. Whether the police officers were guilty of contempt of court? 2. What was the appropriate punishment for the contemners?
Ratio Decidendi: 1. The court held that the police officers were guilty of contempt of court because they had acted in a pre-planned manner to undermine the dignity and authority of the court. The court found that the incident was a result of the detention of a police officer for disobeying the court's order and that the police officers had shouted slogans against the District and Sessions Judge and indulged in acts of vandalism in the court premises. 2. The court sentenced the Sub-Inspectors to two months simple imprisonment and the Deputy Superintendent of Police to a fine of Rs. 1000 or 15 days simple imprisonment in default. The court also clarified that these sentences would not prejudice any departmental action that may be taken against the contemners.
Final Decision: The High Court sentenced the Sub-Inspectors to two months simple imprisonment and the Deputy Superintendent of Police to a fine of Rs. 1000 or 15 days simple imprisonment in default. The court also clarified that these sentences would not prejudice any departmental action that may be taken against the contemners.
S. N. Jha, J.
1. These proceedings arise out of an unfortunate incident which took place in and around the Court of the District and Sessions Judge, Rohtas at Sasaram on 19-1-2002.
2. Briefly stated, notice was issued by the Sessions Judge, Rohtas to the Officer-in-Charge of Bikramganj Police Station, S. I. Arun Paswan, to show-cause in terms of Sec.349 of the Criminal Procedure Code for non-production of the case diary despite adjournments in connection with hearing of Bail Petition No.1671 /2001 arising out of Bikramganj P. S. Case No.200/2001 under Sections 302 and 201/34 of the Indian Penal Code. On 19-1-2002, SI Arun Paswan appeared before the Sessions Judge and filed show-cause along with papers. The Sessions Judge found that the case diary had been written only up to 28-11-2001. After show-cause notice was issued three paragraphs were written but there was no investigation after 28-11-2001, even though it was a special Report case. The learned Judge found that from the Station Diary it appeared that the Officer was present at the police station upto 9-1-2001 but did not care to send the case diary. The learned Judge concluded that his conduct amounted to disobedience of the Courts order and accordingly directed him to file further show-cause why he should not be remanded to custody. He was meanwhile directed to remain present till rising of the Court at 4.30 p. m. When the learned Judge sat after the luncheon recess and was in the midst of hearing Cr. Revision No.334/2001, a group of persons in plain clothes as well as in police uniform were seen in front of the Court room. They were shouting abusive slogans against the Judge. The Officer-in-Charge of Sasaram (Town) Police Station and the Personal Security Guard of the District Judge took position on the Varanda outside the Court rooms to prevent them from entering the Court room, The advocates were excited and the learned Judge felt that untoward incident might take place. He requested them to resume their seats or to return to their Association. He learnt that the aforesaid group was led by Sudarsan Prasad Mandal, Dy. S. P. Sasaram, S. I. Sakaldeo Yadav and S. I. Syed Ahmad Khan. The learned Judge further came to learnt, later, that a meeting had been held in the Chambers of the Dy. S. P. where S. P. Rohtas was also present and he had instigated the police officials to create pandemonium and assault him as well as other Judicial Officers and employees of the Civil Courts. The Registrar, Rohtas Civil Courts telephonically informed the police office but no response came.
3. The District and Sessions Judge sent a report to this Court through the Registrar General narrating the incident to the above effect vide his confidential letter No.5 dated 19-1-2002. He stated in the report, inter alia, that the incident was result of his pulling up the police officials for falsely implicating innocent persons, being slack in assisting the Court and conducting the investigation. The fact that the police was ill-disposed had also been reported in the newspapers. He sent another report, in continuation of the earlier one, vide confidential letter No.7 dated 22/23-1-2002. Therein he disclosed the names of police officials (besides SI Sakal Deo Yadav and St Syed Ahmad Khan) who had indulged in the incident of 19-1-2002. They were Inspector Alvin Tigga of Sasaram (Muffasil) Police Station, SI Pawan Kumar, Agreh Police Station, SI Srikant Paswan of Nokha Police Station, SI Anil Kumar Yadavndu of Kochas Police Station and SI Kapildeo Singh of Chenari Police Station. They were led by Shri Sudarsan Prasad Mandal, Dy. S. P, of Sasaram, as already indicated in the previous report. They were raising slogan of "district Judge Murdabad, Bhagalpur Dohrana Hai" and other abusive slogans. They were also carrying their official arms. The learned Judge stated that during the luncheon recess, SI Arun Paswan, who had been ordered to remain in Court after rejecting his show-cause, had gone out an