The alleged contemner's actions did not constitute criminal contempt as defined in the Contempt of Courts Act.

Rajive Bhalla, J.

1. The genesis of this Criminal Contempt Proceeding is a note, addressed by Hon ble Mr. Justice R. L. Anand (as His Lordship then was), to the then Hon ble the Chief Justice of this Court. The said note reads as follows :-

"Hon ble the Chief Justice. The following lines are submitted for your kind consideration and information please :-

On the night intervening 19/20-7-2002, at about 11.45 p.m. I was asleep in my bedroom when Shri Yom Bahadur, High Court Chaukldar, who has been attached with me and resides in the servant quarter of my house, woke me up and handed over a visiting card of Shrl Maneesh Chhiber. senior correspondent. "The Hindustan Times Ltd." and told me the following words :- "The Santry guard on duty stationed outside my residence has told him that our bungalow has been raided by the police."

I came out from my residence and made inquiries from the Santry guard who told me the following facts :-

"Few minutes earlier at the first instance one person on a scooter came and he enquired from me that a CB1 raid has been conducted at the residence of Judge Sahib. What is the matter? I told to the said correspondent that nothing has happened like this. It is all false. That correspondent even handed over the enclosed visiting card to me. That Santry guard noted the number of the scooter 9700. He further told me that after the arrival of that correspondent one Car (Zen) No. 9730 came there. It was occupied by two or three persons including a young lady. Those persons had a talk with the correspondent and they stayed there for five minutes. Those correspondent also in-¦ quired from the santry guard whether the raid by the CBI has been conducted or not. The santry guard again replied to them that nothing has been happened. After waiting for five minutes those persons went away." Santry guard gave a bell and woke Yom Bahadur from the servant quarter and handed over the visiting card to him.

When I entered inside the residential premises I received a telephone call. A person inquired my name and when I told to him that I am speaking Justice Anand, he told me the following words on telephone :-

"In what connection the raid is going on in your premises." 1 became upset and annoyed. I tried to inquire from him his name. He said on telephone "sorry Sir" and he banged the telephone. I immediately brought this fact to the notice of Hon ble Mr. Justice G. S. Singhvl who was pleased to give me the advice "to have a calm, go to the sleep and in the morning he will take up this matter with your good self."

On Saturday i.e. 20-7-2002 Shri Maneesh Chhiber, Sr. Correspondent again gave me a telephone call and confessed that he visited my premises on the last night and handed over the visiting card to the santry guard. He requested me to apologise him. Regarding this call, I again telephoned Justice Singhvi and brought to the notice of His Lordship about this telephone call. After 15/ 20 minutes that correspondent again gave me the telephone call and repeated the same request regarding apology. 1 was very much upset on telephone with him and so much so I even snubbed him.

2. On receiving the aforementioned note, the then Hon ble Chief Justice passed the following order :-

"Initiate suo-moto action for contempt of Court."

3. Thereafter, the matter was ordered to be listed before Vth DB consisting of Hon ble Mr.Justice V. K. Bali arid Hon ble Mr. Justice Satish Kumar Mittal. The said Bench passed the following order :-

"For the reasons mentioned in a separate note of even date, let this matter be put up before an Hon ble Bench in which, one of us (V. K. Bali, J.) is not a member."

4. A separate note was also recorded by Hon ble Mr. Justice V. K. Bali to the following effect :-

"The very correspondent, namely, Mr. Maneesh Chhibber, on the same very day, i.e. 19-7-2002 (Friday) telephoned at my residence at about 11.15 p.m. I was asleep at that time and telephone was picked up by servant of my father-in-law, who was