2015 Supreme(Del) 2952
IN THE HIGH COURT OF DELHI
VALMIKI J. MEHTA, P.S. TEJI, JJ.
Court on its Own Motion – Petitioner
Versus
Seema Sapra – Respondent
CONT. CAS(CRL) 2/2014
Decided On : 17-12-2015
Ms. Seema Sapra, respondent in person
Headnote:
Contempt of Courts Act, 1971 - Section 14(1)(2) - Contempt of court - Criminal contempt - Contemptuous statement - Punishment - Action of noticee in calling Hon'ble Mr. Justice Vibhu Bakhru as corrupt is an act of criminal contempt - Wholly unsubstantiated statement made against Hon'ble Mr. Justice Vibhu Bakhru scandalizes or tends to scandalize this Court and also lowers and tends to lower the authority of the Court - Contemptuous statement prejudices or interferes or tends to interfere with the due course of judicial proceedings - Held, noticee is guilty of contempt of Court and this Court finds that her contemptuous statement is of such a nature that it substantially interferes or tends to interfere with the due course of justice - Contemnor is not in any manner contrite - After recusal by 28 Judges of this Court the main writ petition was heard by this Court and dismissed in terms of the Judgment - Contemnor was incorrigible even during the hearings of this contempt petition - Right of the contemnor to file reply is closed - Contemnor is guilty of contempt of Court - Punishment is imposed on the contemnor of undergoing imprisonment for a period of one month - Fine of Rs. 2,000/- is also imposed.
Valmiki J. Mehta, J.
1. A Division Bench of this Court vide its Order dated 6.5.2014 issued contempt notice to Ms. Seema Sapra, writ petitioner in W.P.(C) No.1280/2012. This Order dated 6.5.2014 passed by the Division Bench comprising of Hon’ble Mr. Justice S. Ravindra Bhat and Hon’ble Mr. Justice Vibhu Bakhru reads as under:-
“Upon the Court assembling after lunch today, Ms. Seema Sapra presented herself and accused one of us (Vibhu Bakhru, J.) of corruption. Despite being cautioned, she persisted in leveling the same accusation. The context was constitution of Bench of Hon’ble Dr. Justice S. Muralidhar and Hon’ble Mr. Justice Vibhu Bakhru which according to Ms. Sapra was done in an improper manner and, to use her own words, ‘deceptively’. The Court was of the opinion, and continuous to maintain the said opinion, that the speech made by Ms. Seema Sapra amounts to criminal contempt in the face of the Court and is punishable under Section 14(1) of the Contempt of Court Act, 1971. Accordingly, the Court required Ms. Seema Sapra to be presented at 04.00 PM. She complied with this request.
Upon being informed that the Court wishes to proceed against her, Ms. Sapra expressed the desire that this Bench should not proceed with the matter and that she exercises her option under Section 14(2) to have the matter heard by another Bench. The Court hereby issues notice of contempt to Ms. Seema Sapra who is present in Court.
In the light of the above, the following charge is hereby framed:
That today (i.e. on 6.5.2014) at 02:30 PM, you Ms. Seema Sapra have committed contempt on the face of the Court which is punishable under Section 14(1) of the Contempt of Courts Act, 1971 by stating that one of us (Vibhu Bakhru, J.) is ‘corrupt’ and has indulged in deceitful practice of sitting in a Bench with Hon’ble Dr. Justice S. Muralidhar in an unscheduled manner.
Ms. Seema Sapra was present when the above charge was read out. The matter is directed to be listed before another Bench of which neither of us is a member, subject to the orders of the Hon’ble the Chief Justice, on 26th May, 2014.
All rights and contentions of the alleged contemnor Ms. Seema Sapra are reserved.”
2. A reference to the Order dated 6.5.2014 shows that contempt notice was issued to Ms. Seema Sapra (hereinafter referred to as ‘noticee’ or ‘contemnor’) because the notice stated that Hon’ble Mr. Justice Vibhu Bakhru is corrupt and has indulged in deceitful practice of sitting in a Bench with Hon’ble Dr. Justice S. Muralidhar in an unscheduled manner.
3. Before turning to the issue of contempt certain aspects with respect to the main writ petition W.P.(C) No.1280/2012 filed by the notice have to be noticed. This writ petition, essentially in the nature of a Public Interest Litigation, was filed by the notice in the year 2012 and the same was ultimately dismissed by this Court vide its Judgment dated 2.3.2015. The last two paras 27 and 28 of the Judgment dated 2.3.2015 dismissing the W.P.(C) No.1280/2012 read as under:-
“27. In view of the above, this writ petition is a totally frivolous and a mala fide petition, and it is also an abuse of the process of the law. The present writ petition was never a genuine PIL and it was only an action of a disgruntled employee who was thrown out of her employment and such a petitioner/employee through this PIL is seeking to take vendetta against her erstwhile employer with whom she has enmity. By the time the judgment in the case was reserved vide order dated 3.2.2015, volumes of the writ petition had reached to number 35 ending at page nos. 12,440.
28. In view of the above, the various orders passed by this Court, and the wild and reckless allegations made by the petitioner against all and sundry including Hon’ble Judges of this Court and the Supreme Court, the present is a classic case of abuse of PIL process where the writ petition must be and is accordingly dismissed with exemplary costs of Rs. 2 lacs to be deposited within 3 months