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2022 Supreme(Mad) 3698

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N.PRAKASH, A.A.NAKKIRAN, JJ.
Sivakumar – Appellant
Versus
A. Radhakrishnan - Respondent
Contempt Petition No.1135 of 2020 & Sub Application No.430 of 2020
Decided on : 11-04-2022

Advocates:
Advocate Appeared:
For the Appellant : Mr. E. J. Ayyappan
For the Respondent: Mr. R. Marudhachalamurthy

Headnote:

Contempt of Court Act, 1971 - Section 2(c)(iii),14 and 15(1)(a) - Seeking to prosecute - Alleged Illegal - criminal contempt - Pleaded not guilty - Claiming himself to Trustee - pension amount - Convicted - Held, This shows cavalier manner in which respondent has been filing public interest litigations in this Court - Concededly he was not Trustee of either Temple or but he has stated in his affidavits that he is one - Counsel for respondent posed a question to us as to how this would amount to contempt of Court - As stated by us his acts of giving false information would definitely interfere with administration of justice and would fall within expression administration of justice in any other manner in Section 2(c)(iii) of Contempt of Courts Act - Court reject his explanation for third and fourth charges and court convict him of those charges also - Petition stands ordered.

ORDER :

P.N.PRAKASH, J.

This contempt petition has been filed seeking to prosecute the respondent for his alleged illegal activities.

2 The brief facts of the case are as under:

2.1 The petitioner filed an application being Contempt Petition No.7 of 2019 under Section 15(1)(a) of the Contempt of Courts Act before the learned Advocate General alleging that the respondent has committed several acts of criminal contempt and prayed for a reference under Section 14 of the Contempt of Courts Act.

2.2 The learned Advocate General, after hearing both sides, by order dated 31.10.2019 in Contempt Petition No.7 of 2019, granted consent for pursuing criminal contempt proceedings against the respondent.

2.3 Thereafter, the matter was listed before this Court and this Court ordered statutory notice to the respondent. On the appearance of the respondent, he was furnished with the copies of the affidavit of the petitioner and a typed set containing all the relied upon documents, including the consent order dated 31.10.2019 of the learned Advocate General.

2.4 After poring over the records, this Court framed the following charges against the respondent on 05.10.2021.

    CHARGES

"1. That, you, A.Radhakrishnan s/o.Arumugam filed the following cases in the High Court, wherein, you have given a false address as your address viz., Allikuttai Post, Salem District, whereas your Aadhar Card No.8135 2177 8318 shows your address as No.1, Pannaiyar Subbarayan Street, Kannakurichi, Salem – 636 008 and thereby, you are charged for the above said act, under Section 2(c)(iii) of the Contempt of Courts Act, 1971, which is punishable under Section 12 of the Contempt of Courts Act, 1971:

(a) W.P.No.1421 of 2015 : Pg.No.46 of the typed set of papers;

(b) W.P.No.1625 of 2015 : Pg.No.89 of the typed set of papers;

(c) W.P.No.2791 of 2015 : Pg.No.67 of the typed set of papers;

(d) W.P.No.3481 of 2015 : Pg.No.60 of the typed set of papers;

(e) W.P.No.8898 of 2015 : Pg.No.75 of the typed set of papers;

(d) W.P.No.3923 of 2017 : Pg.No.149 of the typed set of papers.

What do you say?

2. That, you, A.Radhakrishnan s/o.Arumugam filed the following cases in the High Court, wherein, you have stated in your affidavit that you are the trustee of Arulmighu Sugavaneshwarar Thirukoil, Salem, which is not true and thereby, you are charged for the above said act, under Section 2(c)(iii) of the Contempt of Court Act, 1971, which is punishable under Section 12 of the Contempt of Courts Act, 1971:

(a) W.P.No.34516 of 2014 : Pg.No.54 of the typed set of papers;

(b) W.P.No.29118 of 2016 : Pg.No.174 of the typed set of papers;

(c) W.P.No.29121 of 2016 : Pg.No.131 at 132 of the typed set of papers;

(d) W.P.No.36767 of 2016 : Pg.No.137 at 139 of the typed set of papers;

(e) W.P.No.3923 of 2017 : Pg.No.149 at 150 of the typed set of papers.

What do you say?

3. That, you, A.Radhakrishnan s/o.Arumugam filed the following case in the High Court wherein you have stated in your affidavit that you are the trustee of Arulmighu Kamanatheeshvarar Temple, Attur Taluk, Salem District, which is not true and thereby, you are charged for the above said act, under Section 2(c)(iii) of the Contempt of Court Act, 1971, which is punishable under Section 12 of the Contempt of Courts Act, 1971:

W.P.No.4359 of 2019 : Pg.No.153 at 154 of the typed set of papers.

What do you say?

4. That, you, A.Radhakrishnan s/o.Arumugam filed the following case in the High Court wherein you have stated in your affidavit that you are one of the trustees of Sakthi Vinayagar Temple, Krishnagiri, which is not true and thereby, you are charged for the above said act, under Section 2(c)(iii) of the Contempt of Court Act, 1971, which is punishable under Section 12 of the Contempt of Courts Act, 1971: W.P.No.5748 of 2017 : Pg.No.161 at 162 of the typed set of papers.

What do you say? "

2.5 When the respondent was questioned on each charge in the presence of hi

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