GOKAL CHAND MITAL, Malik Sharief-Ud-Din, C. L. Chaudhry, P. N. Nag, V. B. Bansal, R. L. Gupta, Usha Mehra, S. C. Jain, J. K. Mehra, Sat Pal, D. K. Jain, Mohd. Shamim

( 1 ). On 26th September, 1991 at about 10. 30 A. M. the contemners S/shri B. D. Kaushik, Rajinder Kumar Sharma, Rajiv Khosla, Jugal Wadhwa, R. N. Vats, Jatan Singh and P. S. Rathee, Advocates aided and abetted by others, in large number, stormed the various court rooms when Judges of this Court were discharging their judicial functions. They individually and collectively stood on the chairs, tables and the dias of the Court Masters and acted in a menacing manner, shouted abuses and slogans such as CHIEF JUSTICE AND JUDGES H HAI, MURDABAD. They also prevented various lawyers from discharging their judicial functions as Officers of the Court and also stopped the litigants from conducting their cases in the Court. They even prevented some of the lawyers from entering the court premises and the court rooms. In a threatening tone they also shouted at the Judges saying, " STOP THE WORK, WE WILL NOT ALLOW THE COURTS TO FUNCTION AND YOU SHOULD RETIRE TO YOUR CHAMBERS". They also insisted to read a Memorandum dated 21. 9. 91 in the Chief Justice s Court. The Memorandum purported to be issued by Sh. Rajiv Khosla, contemner as Hony. Secretary and typed on the letter head of the Delhi Bar Association, Tis Hazari Courts, Delhi. Sh. B. D. Kaushik, contemner, the President of the Association read the said Memorandum in the presence of the Chief Justice, the contents whereof scandalized, in any event tended to scandalize and lower the authority of the High Court. This outrageous and unbecoming episode continued to linger and hover in the High Court till almost 12. 30 P. M.

( 2 ). The conscience of this Court was shocked on account of the aforesaid actions of the Contemners alongwith their colleagues and therefore, in exercise of its power under Article 215 of the Constitution of India and other provisions and powers available to this Court, a notice was issued on 27. 9. 91 to the aforesaid contemners to show cause why they be not convicted for having committed contempt of this Court and punished according to law. The notices were returnable on 1. 10. 1991.

( 3 ). All the aforesaid seven contemners appeared in Court on 1. 10. 1991. They were asked as to what they had to say to the show cause notice. Initially Sh. B. D. Kaushik stated that he stood by the Memorandum dated 21. 9. 1991, presented to the Chief Justice on 24. 9. 1991 and read in Court on 26. 9. 1991. Shri Rajinder Kumar Sharma sought an adjournment to consult his lawyer. He further said that so far as the contents of the show cause notice were concerned, he did not utter any word against any Judge on that day and sought permission to file a detailed reply subsequently. Sh. Rajiv Khosla also took up the -stand that he will make a statement only after consulting his lawyer. He also sought time to file a detailed reply. Sh. Jugal Wadhwa sought an adjournment and also denied the contents of the show cause notice and each and every allegation of imputation against him. Sh. R. N. Vats sought time to file a detailed reply as-the time was too short. Sh. Jatan Singh also followed Sh. R. N. Vats and also denied the contents of the show cause notice. Mr. Rathee, however, denied service of notice or having refused the notice. Thereafter a copy of the show cause notice along with summons was shown to him in Court. He took up the plea that his eye sight was weak and so he could not read it. The notice was then read over by an Officer of this Court. He replied that he had not fully understood the contents and will reply after consulting his Advocate.

( 4 ). We granted them further opportunity to file their answer to the show cause notice by 12 noon on 3. 10. 1991 and also indicated that the arguements will commence at 1. 45 PM on the same date.

( 5 ). On 3. 10. 91 Mr. Rathee again sought more time as the time was too short. He and ot

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