Any act which prejudices or interferes or intends to interfere with the due course of the judicial proceedings or an act which interferes or intends to interfere with the administration of justice would amount to criminal contempt within the meaning of section 2(c) of the Contempt of Courts Act, 1974.

JUDGMENT :

1. The present proceedings are contempt proceedings initiated suo motu under Article 215 of the Constitution of India read with section 15 of the Contempt of Courts Act, 1971, by the Court as per the directions in judgment dated 26.06.2020 in Cr. Misc. Application No. 8266 of 2020.

2. In view of facts recorded, by Honourable Judge of this Court, found that one Vijay Arvindbhai Shah and Alpesh Rameshbhai Patel were prima facie guilty of commission of criminal contempt within the meaning of section 2(c) of the Contempt of Courts Act, 1971.

2.1 In the background, for the events that took place in course of hearing of Criminal Misc. Application No. 8266 of 2020 before Honourable Judge of this court. It was an application filed by said Vijay Arvindbhai Shah, seeking anticipatory bail under section 438 of the Code of Criminal Procedure, 1978 in connection with FIR bearing No.11215021200321 dated 01.05.2020 registered with the Petlad Town Police Station for the offences under sections 143, 145, 332, 504, 186, 147, 153, 269 of Indian Penal Code, 1860 and also under section 3 of the Epidemic Diseases Act, 1897 and under Regulation 13(1) of the Gujarat Epidemic Disease-19 Regulation, 2020.

2.2 The events highlighted by Honourable Judge of this Court (as her ladyship then was) in the aforesaid order dated 26.06.2020 are extracted from said order dated 26.06.2020 in Criminal Misc. Application No. 8266 of 2020,

(i) On 15.6.2020, this Court had issued Notice making it returnable on 22.6.2020.

(ii) On 22.6.2020 at about 8.55 a.m., the undersigned received a call on her mobile from the mobile No.9924327466. The caller had introduced himself as “Niranjanbhai Patel, MLA, Petlad”.

(iii) The Court narrating the incident passed a detailed order directing the Registrar(IT)to obtain the call details of the said number.

(iv)On 23.6.2020, the Court after perusing the call details of the said mobile number in question, as submitted by Registrar (IT) found that it was ported to JIO Mobile Services by the Subscriber Tofik Vhora, Anand.

The Court, therefore, directed the Superintendent of Police, District Anand to get the statements of Mr.Niranjanbhai Patel, MLA, Petlad and of Tofik Vhora recorded and submit to the Court on 24.6.2020.

(v) On 24.6.2020, on perusing the said statements of Mr.Niranjanbhai and Mr.Tofikbhai, the Court found certain queries, and therefore, asked learned APP Ms. Moxa Thakkar as to whether Mr.Solanki, Deputy Superintendent of Police could be joined through video conferencing to answer the queries of the Court, however, due to some connectivity problem, he could not be joined. The Court, therefore, directed the Superintendent of Police, Deputy Superintendent of Police and PSI to remain in the office of the Superintendent of Police, Anand on the next day i.e. on 25.6.2020 for being joined through video conferencing.

(vi) On 25.6.2020, the Superintendent of Police, Anand along with Deputy Superintendent of Police and PSI had joined the hearing through video conferencing, and at that time, the Superintendent of Police stated that there were two other persons present in his office i.e. Tofik Vhora and one Alpesh Rameshbhai Patel, who had said to have made the call in question in the name of Niranjanbhai Patel, MLA, Petlad on 22.6.2020 from the mobile of Tofikbhai. At the request of the Superintendent of Police, the said Alpesh Patel was permitted to address the Court. The gist of his version was noted down by the Court in the order passed on 25.6.2020 and the said Alpesh was directed to file the affidavit in detail by 26.6.2020 i.e. today.

(vii) Today the said Alpeshbhai Patel has forwarded his affidavit, along with the whatsapp message of the date 17th and 18th June, 2020 received by him from the Mobile No.9825252222 belonging to the applicant Vijaybhai Shah. The said affidavit in Gujarati reads as under:-

2.3 It is to be recorded that learned senior advocate and learned advocate on record for the applicant stated before the Court on